The High Court dismissed a contempt petition as premature. It held that the time granted in the underlying writ petition for completing the project was still available to the respondents.
Contempt petition dismissed as premature.
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Con. Case (C) 1620 of 2021 -1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 7TH DAY OF OCTOBER 2021 / 15TH ASWINA, 1943 CON.CASE(C) NO. 1620 OF 2021
AGAINST THE JUDGMENT IN WP(C) 20796/2018 OF HIGH COURT OF KERALA, ERNAKULAM
PETITIONER/S:
GEORGE PHILIP AGED 66 YEARS
S/O. POTHEN, MANAGER, MANIMALA ESTATE, DWARAKA PLANTATION, PANNIYANKARA P.O, PALAKKAD DISTRICT - 678683.
BY ADVS. P.R.VENKATESH ASHA P. KURIAKOSE G.KEERTHIVAS
RESPONDENT/S:
1 SANJAY KUMAR YADAV DIRECTOR , NATIONAL HIGHWAY AUTHORITY OF INDIA, CHANDRANAGAR, REGIONAL OFFICE, PALAKKAD - 678007.
2 MR. NIRANJAN REDDY, CEO, THRISSUR EXPRESS WAY LIMITED, PERAMBA, THRISSUR DISTRICT - 680685. BY ADV E.C.KURIAKOSE
OTHER PRESENT:
SRI. MATHEWS K PHILIP, SC FOR R1, SRI.THOMAS P. KURUVILLA FOR R2
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con. Case (C) 1620 of 2021 -2-
J U D G M E N T
S. Manikumar, C. J.
After hearing the learned counsel for the parties, and taking note of the statement of the Thrissur Express Way Limited, Perambra, Thrissur, respondent No. 6, at paragraph No. 6 of the judgment in W. P. (C) No. 20796 of 2018, we ordered thus:-
“6. Taking note of the averments in the statement of respondent No.6 dated 24.2.2021, explaining the steps taken for completion of the project in question and the prayers sought for, and the submission of the learned counsel for petitioner, writ petition is disposed of directing the respondents to honour the commitments made in the statement dated 24.2.2021 in its letter and spirit, and complete the project by October, 2021, however, subject to force majeaure and other adverse conditions.”
out by this Court is still available for the respondents to complete the entire project.
Con. Case (C) 1620 of 2021 -3-
Accordingly, contempt petition is dismissed.
Sd/-
S. MANIKUMAR CHIEF JUSTICE
Sd/-
SHAJI P. CHALY
JUDGE
Eb
///TRUE COPY///
P. A. TO JUDGE
2 issues framed by the court
Whether the contempt petition filed against the disposal of the writ petition is premature given the extended deadline for completion.
Whether the time set by the Court for the respondents to complete the project is still available as of the date of the contempt petition.
George Philip
Sanjay Kumar Yadav
Mr. Niranjan Reddy
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
