The High Court of Kerala, in a Contempt of Court submission under Writ Petition (C) No.32185/2019, closed the petition without prejudice. The court held that the issue of building permits, with the underlying Writ Petition pending, is not justiciable at this stage.
COC 2697/19 is closed without prejudice to the petitioner to pursue remedies in the Writ Petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 08TH DAY OF JANUARY 2020 / 18TH POUSHA, 1941 Con.Case(C).No.2697 OF 2019 IN WP(C). 32185/2019
AGAINST THE ORDER IN WP(C) 32185/2019(W) DATED 27.11.2019
PETITIONER/S:
M.SALIM, AGED 60 YEARS, S/O.MUHAMMED ILLAS, RESIDING AT SALMAN VILLA, KEEZHAYIKONAM, NELLANADU.P.O., THIRUVANANTHAPURAM DISTRICT-695606.
BY ADVS. SRI.V.HARISH SRI.RAJAN VISHNURAJ SMT.JUHI JAYAPALAN
RESPONDENT/S:
ASHRAF, (AGE AND FATHERS NAME NOT KNOW TO THE PETITIONER) THE SECRETARY, NELLANAD GRAMA PANCHAYAT, PANCHAYAT OFFICE, VENJARAMOODU.P.O., NELLANADU, THIRUVANANTHAPURAM DISTRICT-695607.
R1 BY ADV. SRI.M.H.HANIL KUMAR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COC 2697/19
2
JUDGMENT
This COC has been filed alleging that even
though this Court had, in the interim order
dated 27.11.2019, directed the respondent to ensure that the 5th respondent in the Writ
Petition is allowed to conduct its activities
only on the basis of valid consents, licences and permissions, it has violated the said order
and has permitted the respondent to carry on with its activities, even though it does not have a Building Permit or plot approval for construction.
Panchayat submits that, as is evident from the interim order, this Court had only directed the respondent to make sure that the 5th respondent
in the Writ Petition carries on its activities
on the basis of all valid consents, licences
and permissions. He says that there were
disputes between the parties before the
3
COC 2697/19
Tribunal for Local Self Government Institutions
which culminated in an order, a copy of which has been produced on record as Ext.R1(a); and that subsequently, the Panchayat has issued the D&O licence to the 5th respondent in the Writ Petition based on which alone they are conducting the activities. The learned Standing Counsel, therefore, prays that this COC be closed.
without doubt that the petitioner-through his learned counsel, Sri.Harish Vasudevan-asserts
that the construction, made by the 5th respondent in the Writ Petition, without a Building Permit and a lay out plan, can only be found to be illegal and therefore; that even if
a D&O Licence has been issued, the said
respondent cannot be allowed to operate its activities based on such licence.
COC 2697/19
4
on the afore lines, it is without doubt that the interim order in question was granted at the stage of admission and the intention of this Court was to ensure that all activities being carried on by the 5th respondent in this Writ Petition are only on the basis of valid consents, licences and permissions. The counter affidavit filed on behalf of the respondent herein indicates that the 5th respondent in the Writ Petition has already been granted a D&O
licence and therefore, that they are in possession of sufficient sanction in law to
continue its activities.
COC 2697/19
5
am certain that the petitioner can always approach the concerned learned Judge and seek
appropriate orders, if it is so necessary.
strength of a valid D&O licence.
Resultantly, this COC is closed; however, without prejudice to the liberty available to the petitioner to invoke and pursue all his remedies and contentions in the Writ Petition.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
RR
COC 2697/19
6
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A CERTIFIED COPY OF THE INTERIM ORDER DATED 27.11.2019 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WP. (C)NO.32185 OF 2019. ANNEXURE A2 A TRUE PHOTOCOPY OF THE ELECTRONIC MINERAL TRANSIT P ASS ISSUED TO M/S.AARAMAM ROCK PRIVATE LIMITED ON 2.12.2019. ANNEXURE A3 A TRUE PHOTOCOPY OF THE SALE INVOICE DATED 29.11.2019 ISSUED BY 'M/S.AARAMAM ROCK PRIVATE LIMITED.
3 issues framed by the court
Whether the contempt of court petition should be dismissed given the Interim Order's intent and the underlying Writ Petition’s pending status.
Whether the construction without a Building Permit is a justiciable issue at this stage.
Whether the respondent is in compliance with the interim order based on the D&O licence.
M.SALIM
ASHRAF SECRETARY NELLANAD GRAMA PANCHAYAT
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
