A contempt petition alleging failure to issue orders was closed as the respondent had issued one. The court held it cannot judge the order's validity; petitioners may challenge it. Liberty given.
Contempt case closed. Liberty granted to petitioners to challenge the order issued by the respondent Tahsildar.
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
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
Con.Case(C).No.32 OF 2020 IN WP(C). 26846/2019
AGAINST THE JUDGMENT IN WP(C) 26846/2019(E)
PETITIONERS:
1 UDAYABHANU, AGED 54 YEARS S/O.SIVARAMAN NAIR, PRAKASH NILAYAM, KANIMANGALAM, NENMARA.P.O, PALAKKAD
2 SHYLAJA MENON, AGED 50 YEARS W/O.UDAYABHANU, PRAKASH NILAYAM, KANIMANGALAM, NENMARA.P.O, PALAKKAD
BY ADVS. SRI.N.B.ANOOP SRI.P.V.JEEVESH
RESPONDENT:
BALAKRISHNAN, (AGE AND FATHER'S NAME ARE NOT KNOWN TO THE PETITIONERS), THE TAHSILDAR, CHITTOOR TALUK, PALAKKAD DISTRICT-678101
SRI.M.V.ANANDAN-SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.32 OF 2020
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JUDGMENT
This contempt case has been filed alleging that in spite of the directions in the judgment dated 25.10.2019, no orders have been issued by the respondent.
Con.Case(C).No.32 OF 2020
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by the Tahsildar is contrary to law, it is certainly up to the petitioners to challenge the same invoking remedies available to them and it will not be possible for this Court to sit in judgment over the validity of the same.
In the afore circumstances, I close this contempt case; however, leaving full liberty to the petitioners to challenge the resultant order issued by the Tahsildar, if they are so desirous.
Sd/- DEVAN RAMACHANDRAN
Stu
JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 THE CERTIFIED COPY OF THE JUDGMENT IN WP(C)NO.26846/2019, DATED 25.10.2019
ANNEXURE A2 THE TRUE COPY OF THE ACKNOWLEDGMENT OF THE RECEIPT OF THE ANNEXURE AI JUDGMENT
ANNEXURE A3 THE TRUE COPY OF THE ARGUMENT NOTE FILED BY THE PETITIONER'S COUNSEL
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.
UDAYABHANU
SHYLAJA MENON
BALAKRISHNAN
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
