Disposed

M.C.Jacob v. G.Rajesh

Kerala HC11 Nov 2020Con.Case(C)/915/2020

Case brief

AI extract

What is this about?

This is a contempt of court case where the petitioner alleged non-compliance of previous directions issued by this court. The respondent explained delay due to COVID-19 and elections, having already given the petitioner an opportunity of hearing. The court recorded the submission, directed the respondent to comply without delay, and disposed of the case after granting liberty.

What did the court decide?

Directions issued to the respondent for immediate compliance with previous order; liberty granted to petitioner for remedies in case of further unreasonable delay.

M.C.Jacob Vs G.Rajesh — Contempt of Court | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942

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CON.CASE(C).NO.915 OF 2020 IN WP(C). 3720/2020

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AGAINST THE JUDGMENT IN WP(C).NO.3720/2020(L) OF HIGH COURT OF KERALA

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PETITIONER/PETITIONER IN THE WRIT PETITION:

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M.C.JACOB, AGED 49 YEARS, S/O CHERIYAN, RESIDING AT MURUKKUMOOTTIL HOUSE, CHIRAKADAVAM MURI, KAYAMKULAM.

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BY ADV. SRI.A.SHAFEEK (KAYAMKULAM)

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RESPONDENT/RESPONDENT NO.2 IN THE WRIT PETITION:

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G.RAJESH, SECRETARY IN CHARGE, KAYAMKULAM MUNICIPALITY, MUNICIPAL OFFICE, KAYAMKULAM-690502.

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ADV. T.R.RAJAN, SC, KAYAMKULAM MUNCIPALITY

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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Cont. Case (C) No. 915 of 2020

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Dated this the 11^th day of November, 2020

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J U D G M E N T

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The abovesaid Contempt of Court case has been filed alleging non compliance of the directions issued by this Court in Anx.1 judgment dated 11.2.2020 in WP(C).No.3720/2020 filed by the petitioner herein.

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Today when the matter has been taken up for consideration, Sri.T.R.Rajan, learned Standing Counsel for Kayamkulam Municipality, would submit on the basis of instructions of the respondent Municipal Secretary that some delay has occurred on the part of the respondent officer for complying the directions issued by this Court in Anx.1 judgment mainly on account of COVID-19 pandemic issues as well as the overload of work in connection with the impending local body elections, and further that now respondent Secretary has already afforded opportunity of hearing to the petitioner as well as to the other affected persons, and that orders are expected to be passed by him on the matters directed to be considered and decided in the abovesaid judgment within a day or two.

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The abovesaid submissions made on behalf of the

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..3..

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Cont. Case (C) No. 915 of 2020

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respondent Municipal Secretary are recorded. The respondent Municipal Secretary will ensure that the directions and orders passed by this Court in Anx.1 judgment dated 11.2.2020 in WP(C).No.3720/2020 are duly complied with, and orders passed pursuant to said decision are taken without any further delay, and copy of said proceedings so issued by him shall be duly communicated to both the petitioner herein as well as the affected persons concerned by registered post with acknowledgment due immediately thereafter. If there is any further unreasonable delay on the part of the respondent Municipal Secretary to comply the directions in Anx.1 judgment, then liberty is accorded to the petitioner to work out his remedies in that regard.

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Recording the abovesaid submission of the respondent

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officer, the above Contempt of Court case will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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MMG

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Cont. Case (C) No. 915 of 2020

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..4..

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE 1 CERTIFIED COPY OF THE JUDGMENT DATED 11/2/2020 IN W.P(C)NO.3720 OF 2020(L)

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ANNEXURE 2 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT IS PRODUCED BY THE RESPONDENT.

M.C.Jacob v. G.Rajesh

Case brief

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M.C.Jacob v. G.Rajesh

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