The High Court disposed of a contempt petition alleging wilful disobedience of directions in W.P.(C) No.3588/2019. Since the respondents admitted implementation with delay, the court was not inclined to pursue proceedings further and closed the petition.
The contempt petition is closed.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 06TH DAY OF MARCH 2020 / 16TH PHALGUNA, 1941
Con.Case(C).No.414 OF 2020 IN WP(C). 3588/2019
AGAINST THE JUDGMENT IN WP(C) 3588/2019(W) OF HIGH COURT OF KERALA
PETITIONERS:
1 SHAFEEK
AGED 46 YEARS S/O.ABDUL KADER, PALLIKKAVALA, CHERANALLOOR, ERNAKULAM-682034
2 HUSSAIN AGED 65 YEARS
S/O.MUHAMMED, AMBALATH HOUSE, PALLIKKAVALA, CHERANALLOOR, ERNAKULAM-682034
3 ALI AKBAR AGED 49 YEARS S/O.MOIDU, THAMARASSERY, PALLIKKAVALA, CHERANALLOOR, ERNAKULAM-682034
4 ASIF.T.M AGED 35 YEARS S/O.IQBAL, THAMARASSERY, PALLIKKAVALA, CHERANALLOOR, ERNAKULAM- 682034
BY ADVS.
SRI.V.S.MANSOOR
SRI.S.MOHAMMED AL RAFI
RESPONDENTS:
1 ROOPESH
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) SUB INSPECTOR OF POLICE, CHERANALLOOR POLICE STATION, CHERANALLOOR, ERNAKULAM DIST, PIN-682034
2 MALLIKA (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) THE SECRETARY, CHERANALLOOR GRAMA PANCHAYATH, CHERANALLOOR.P.O, ERNAKULAM DIST, PIN-682034
Con.Case(C).No.414 OF 2020
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R1 BY SENIOR GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU R2 BY ADV. SRI.T.K.AJITHKUMAR (VALATH)
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 06.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
S.MANIKUMAR,CJ
Alleging wilful disobedience of the judgment made in W.P.(C) No.3588/2019 dated 15/3/2019, instant contempt petition is filed.
“ O R D E R
Directions have been given by a Division Bench of this Court in W.P.(C).No.3588 of 2019 on 15.03.2019 as extracted hereunder:
"In view of the discussion made hereinabove, the writ petition is liable to be disposed of as indicated hereinbelow:-
Con.Case(C).No.414 OF 2020
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receipt of a copy of this judgment.
The Writ Petition is disposed of as indicated hereinabove. "
Post after two weeks.”
the contempt case is posted today. When the matter came up for hearing, based on the affidavit dated 3rd March, 2020 filed by the Secretary, Cheranalloor Grama Panchayat, respondent No.2, Mr.T.K.Ajthkumar, learned counsel for respondent No.2 submitted that the judgment dated 15.3.2019 has been implemented in its letter and spirit. However, admitted that there is a delay in constituting the Traffic Regulatory Committee and determining
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the location for parking place of good autorickshaws. Mr.S.Mohamed Al Rafi, learned counsel for contempt petitioner submitted that although a decision in W.P.(C) No.3588/2019 was rendered on 5.3.2019, only on 10th February, 2020, the Traffic Regulatory Committee has been constituted.
Be that as it may, as much as contesting parties submitted that the judgment in W.P.(C) No.3588/2019 dated 5.3.2019 has been implemented of course with a delay, we are not inclined to pursue the contempt of court proceedings any further, accordingly the contempt petition is closed.
Sd/-
S.MANIKUMAR
CHIEF JUSTICE
Sd/-
SHAJI P.CHALY
JUDGE
smv
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A CERTIFIED COPY OF JUDGMENT DATED 15.03.2019 IN WP(C) 3588/2019
2 issues framed by the court
Whether the delay in complying with directions or the claim of partial implementation warrants prosecution for contempt.
Whether the contempt petition should be closed given the implementation of the original judgment albeit with delay.
1 provisions across 1 enactments
Shafeek
Hussain
Ali Akbar
Asif T. M
Roopesh
Mallika
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
