Petitioner filed a contempt petition for non-compliance with Ombudsman directions in a writ petition. Court noted remedial steps and funding were initiated by the Panchayath and Irrigation Department, thus closed the contempt petition while urging completion of work.
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 SHAJI P.CHALY
MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943
Con.Case(C).No.743 OF 2019 IN WP(C). 21612/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 21612/2018(B) OF HIGH COURT OF KERALA
PETITIONER/
KUNJUKUNJAMMA AGED 75 YEARS W/O THOMAS, OOKANN VEEDU, AYYAMPILLIKKARA, KUZHUPPALLY VILLAGE, KOCHI TALUK-682 501.
BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
CONTEMPTNOR/1ST RESPONDENT
D.SANJAY PRABHU AGED 52 YEARS FATHERS NAME NOT KNOWN TO THE PETITIONER, THE SECRETARY, KUZHUPPILLY GRAMA PANCHAYATH, AYYAMPILLY P.O., PIN-682 501.
R1 BY ADV. SRI.R.ROHITH
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.743 OF 2019 IN WP(C). 21612/2018
2
JUDGMENT
Dated this the 29th day of March 2021
This contempt petition is filed complaining
that the directives contained in the judgment dated 30.07.2018 in W.P.(C)No.21612/2018 is not complied with.
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Con.Case(C).No.743 OF 2019 IN WP(C). 21612/2018
directions issued by the Ombudsman were not
complied with by the respondent, which only
persuaded the petitioner to file this contempt petition before this Court.
before this Court by the respondent explaining the
steps taken and also explaining the reasons for the delay in taking steps. Ultimately in the statement
filed before this Court on 23.03.2021 it is
submitted that, adequate steps are taken by the Panchayath and accordingly necessary steps are
taken by the Assistant Executive Engineer,
Additional Irrigation Sub Division Office, Aluva
dated 15.03.2021 to construct the retaining wall in accordance with the directions issued by the
Ombudsman along a stream within the jurisdictional limits of the Kuzhippilly Grama Panchayath of Vypin Island.
produced as Ext.R1(c) and finds that substantial
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Con.Case(C).No.743 OF 2019 IN WP(C). 21612/2018
steps are taken in order to redress the grievances of the petitioner and an amount of Rs.79,40,000/-
is found to be the required amount to complete the construction works.
In that view of the matter, it is clear that, though belatedly steps are taken by the Panchayath and consequential steps are taken by the Government Department in order to translate the directions contained in the order passed by the Ombudsman and the direction issued by this Court in the writ petition in question. That being the situation, I do not find any reason to pursue the contempt petition any further, therefore the same is closed. But I make it clear that sufficient steps shall be taken by the Panchayath as well as the Irrigation Department in order to complete the construction activities, in accordance with law.
Sd/-
SHAJI P.CHALY JUDGE
hmh
Con.Case(C).No.743 OF 2019 IN WP(C). 21612/2018
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A THE TRUE COPY OF THE JUDGMENT IN WPC NO.21612/2018 DATED 30.7.2018 ANNEXURE B THE TRUE COPY OF THE MALAYALA MANORAMA DAILY NEWSPAPER ADVERTISEMENT DATED 27.2.2019.
RESPONDENT'S/S EXHIBITS:
ANNEXURE R1A THE TRUE COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE DATED 28.07.2018 ANNEXURE R1B THE TRUE COPY OF THE LETTER DATED 12.09.2018 ISSUED BY THE SECRETARY, KUZHUPPALLY GRAMA PANCHAYATH TO THE EXECUTIVE ENGINEER, MINOR IRRIGATIONAL DIVISION OFFICE, ERNAKULAM ANNEXURE R1A A TRUE COPY OF THE LETTER DATED 12.09.2018 ISSUED BY THE SECRETARY, KUZHUPPALLY GRAMA PANCHAYATH TO THE EXECUTIVE ENGINEER, MINOR IRRIGATIONAL DIVISION OFFICE ANNEXURE R1(A) THE TRUE COPY OF THE LETTER DATED 24.09.2018 ISSUED BY THE SECRETARY, KUZHUPPALLY GRAMA PANCHAYATH TO THE PRESIDENT DISTRICT PANCHAYATH ANNEXURE R1B A TRUE COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE DATED 09.02.2021 ANNEXURE R1C THE TRUE COPY OF THE LETTER NO.E3(E2)GEN/882/2019(1) ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER IRRIGATION DEPARTMENT TO THE RESPONDENT DATED 15.03.2021 ALONG WITH ESTIMATE OF RS.79,40,000 DETAILED ESTIMATE REPORT
2 issues framed by the court
Whether the contempt petition should proceed given that remedial steps were taken to comply with the Ombudsman's directions.
Whether the petitioner is entitled to further relief since the Panchayath initiated construction work approved by the Irrigation Department.
Kunjukumamma W/O Thomas
D.Sanjay Prabhu
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
