Dismissed

Mohammed Ashraf. K v. 1. P Mohamood

Kerala HC26 Aug 2022Con.Case(C)/1376/2022

Case brief

AI extract

What is this about?

This contempt case addressed allegations of disobedience regarding construction activities violating a prior court undertaking. After reviewing the petitioner's affidavit and the second respondent's affidavit denying the violation, the court found no violation of the court's orders.

What did the court decide?

Contempt case closed without prejudice to the petitioner's right to raise contentions in the appropriate forum.

Mohammed Ashraf. K Vs 1. P Mohamood — Contempt of Court | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE S.V.BHATTI

¶4

¶5

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶6

FRIDAY, THE 26^TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944

¶7

CON.CASE(C) NO. 1376 OF 2022

¶8

¶9

PETITIONER/S:

¶10

MOHAMMED ASHRAF. K,AGED 35 YEARS S/O ALI K.P., ASMA VILLA, C H ROAD, NEAR YATHEEMKHANA U.P.SCHOOL, TALIPARAMBA AMSOM AND DESOM, TALIPARAMBA P.O., PIN - 670141

¶11

BY ADVS.NIRMAL.S VEENA HARI RIA ELIZABETH JOSEPH IRENE ELZA SOJI K. REMIYA RAMACHANDRAN ANJANA A. VARUN MURALEEDHARAN

¶12

RESPONDENT/S:

¶13

1 1. P MOHAMOOD,AGED 75 YEARS S/O ABDURAHIMAN KUTTY, PRESIDENT, CANNONNORE DISTRICT MUSLIM EDUCATIONAL ASSOCIATION (CDMEA), SIR SYED COLLEGE, KARIMBAM P.O., TALIPARAMBA, KANNUR, PIN - 670142

¶14

2 2. ALLAMKULAM MAHAMOOD,AGED 52 YEARS S/O ABDULLA, , SECRETARY, CANNONNORE DISTRICT MUSLIM EDUCATIONAL ASSOCIATION (CDMEA), SIR SYED COLLEGE, KARIMBAM P.O., TALIPARAMBA, KANNUR, PIN - 670142

¶15

CCON.CASE(C) NO. 1376 OF 2022

¶16

-2-

¶17

BY ADVS.Mohammed Shah Shah RENOY VINCENT(K/000580/2017) HELAN PACHAN(H-48) ARUN ROY(K/413/2019) SHAHIR SHOWKATH ALI(K/000584/2019)

¶18

OTHER PRESENT:

¶19

SC Jamsheed Hafiz

¶20

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

CCON.CASE(C) NO. 1376 OF 2022

¶22

-3-

¶23

S.V.BHATTI

¶24

& BASANT BALAJI, JJ.

¶25

¶26

CON.CASE(C) NO. 1376 OF 2022

¶27

¶28

JUDGMENT

¶29

(Dated this the 26^th day of August 2022)

¶30

Basant Balaji J.,

¶31

This contempt case is filed alleging disobedience of

¶32

Annexure A1 order passed by this court on 20.6.2022 wherein Adv. Mohammed Shah had made a statement

¶33

before this court that the first respondent or his agents will

¶34

not make any further construction in any manner in the

¶35

subject matter of the Writ petition.

¶36

The petitioner submits that in violation of the

¶37

Annexure A1 undertaking, construction activities are

¶38

carried out by the respondent with disrespect to the orders

¶39

CCON.CASE(C) NO. 1376 OF 2022

¶40

-4-

¶41

of this court. The counsel for the petitioner submits that though undertaking was made on behalf of the first respondent before this court, unauthorised constructions are

¶42

being carried out in the property without permission of Municipality and the Wakf Board. The petitioner has produced Annexure A3 photographs to show construction activities are going on. Thereafter, a stop memo dated 4.7.2022 was issued to the Secretary Thaliparamba Municipality to the secretary of the first respondent college informing that all constructions shall be stopped forthwith and the same shall be informed in writing to the Municipality office or else the Municipality will take appropriate legal action.

¶43

An affidavit filed by the 2^nd respondent is placed

¶44

CCON.CASE(C) NO. 1376 OF 2022

¶45

-5-

¶46

on record. In paragraph No.5 of the said affidavit, it is stated as follows:

¶47

“The averment in paragraph 3 that even pursuant to the undertaking made on behalf of the 1st Respondent before this Hon'ble Court unauthorized constructions are being carried out in the property without permission from the Municipality and Waqf Board is absolutely false and hence denied. As a matter of fact, the Petitioner's complaint before the authorities was filed when he found out that a three storied new building was being constructed by the 1st Respondent and was continuing with the construction in the premises of the college. The above fact is narrated in paragraph 6 of the Writ Petition. Exhibit P3 complaint produced in the Writ Petition also points out about the construction of new three storied building. The above building is the subject matter in the Writ Petition. The direction of this Hon'ble Court was not to make constructions in the above building.

¶48

CCON.CASE(C) NO. 1376 OF 2022

¶49

As a matter of fact, no constructions were carried out in the above building after the interim order dated 20.06.2022 was passed by this Hon'ble Court.”

¶50

Accepting the affidavit filed by 2^nd respondent, we

¶51

find that there is no violation of the orders of this court.

¶52

Hence, the Contempt Case is closed without prejudice to the right of the petitioner to raise all contentions before the appropriate forum.

¶53

¶54

S.V.BHATTI, JUDGE

¶55

sd BASANT BALAJI, JUDGE

¶56

dl/

¶57

CCON.CASE(C) NO. 1376 OF 2022

¶58

APPENDIX OF CON.CASE(C) 1376/2022

¶59

PETITIONER ANNEXURES

¶60

Annexure A1 CERTIFIED COPY OF THE ORDER DATED 20-062022 IN WP(C) NO. 19496/2022 Annexure A2 CERTIFIED COPY OF THE ORDER DATED 30-062022 IN WP(C) NO.19496/2022 Annexure A3 TRUE COPY O THE PHOTOGRAPHS TAKEN BY THE PETITIONER ON 1/07/2022, EVIDENCING THE CONSTRUCTION ACTIVITY IN THE PROPERTY EVEN AFTER THE INTERIM ORDER PASSED BY THIS HON'BLE COURT ON 20/06/2022 Annexure A4 TRUE COPY OF THE REPORT OF THE OVERSEER DATED 4/7/2022 WITH ENGLISH TRANSLATION Annexure A5 TRUE COPY OF STOP MEMO DATED 04/07/2022 WITH ENGLISH TRANSLATION

Mohammed Ashraf. K v. 1. P Mohamood

Case brief

What is this about?

What did the court decide?

Mohammed Ashraf. K v. 1. P Mohamood

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The State of Kerala Vs M/S.Brd Car World

Bhima Jewellers Vs Commissioner of Income Tax

B. Mohammed Sherief Vs the State Tax Officer

The State of Kerala Vs M/S.Brd Car World

The State of Kerala Vs M/S.Lakshmi Hospital

Mohammed Ashraf. K Vs 1. Cannonnore District Muslim Educational Association (Cdmea) Rep. by Its President