Pending contempt case filed for non-compliance raised before the court. Respondent submitted affidavit confirming unauthorized construction was demolished. Court accepted submission and closed the contempt proceedings.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF SEPTEMBER 2023 / 16TH BHADRA, 1945
CON.CASE(C) NO. 1471 OF 2023
AGAINST THE JUDGMENT DATED 2.2.2023 IN WP(C) 30032/2022 OF HIGH COURT OF
KERALA
PETITIONER/PETITIONER IN WP(C):
VIJAYAKUMARAN C.,
S/O CHATHUKUTTY (LATE), AGED 68 YEARS,
RETD. TEACHER, SURABHI, CHORUMKULAM
CHITTILANCHERRY, PALAKKAD, PIN - 678704
BY ADVS.
RAJESH SIVARAMANKUTTY
ARUL MURALIDHARAN
RESPONDENT/1ST RESPONDENT IN WP(C):
HARISHKUMAR AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER, SECRETARY, MELARCODE GRAMA PANCHAYAT
OFFICE OF THE MALARCODE GRAMA PANCHAYAT MELARCODE,
PALAKAKD, PIN - 678703
BY ADV BABY MATHEW
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case (C) No.1471 of 2023 in W.P.(C) No.30032 of 2022
2
VIJU ABRAHAM, J.
................................................................. Con.Case (C) No.1471 of 2023 in W.P.(C) No.30032 of 2022
................................................................. Dated this the 7th day of September, 2023
JUDGMENT
The above contempt is filed alleging non-compliance of
Annexure-A judgment. When the matter was taken up for consideration on 08.08.2023 the 1st respondent Secretary of the local authority submitted that the unauthorised construction has been demolished. On the basis of the said submission, this Court as
per order dated 21.08.2023 directed the Secretary to conduct a site inspection and file an affidavit. Affidavit dated 02.09.2023 has been filed. Paragraph 4 of the said affidavit reads as follows:
“4.It is submitted that after the Secretary of the Panchayat made a site inspection and inspected the place where the septic tank and sock pit was established in violation of the rules by the 3rd respondent in the writ petition. On my inspection it was found that the remains of sock pit and septic pit was removed. Another sock pit and septic pit was constructed in another place leaving sufficient distance from the boundary of the petitioner. A true copy of the photo of the site is produced and marked as Annexure R1(e).”
Con.Case (C) No.1471 of 2023 in 3 W.P.(C) No.30032 of 2022
In view of the affidavit filed, I am of the opinion that further proceedings can be dropped and therefore the contempt of court case is closed.
Sd/-
VIJU ABRAHAM JUDGE
cks
Con.Case (C) No.1471 of 2023 in
4
W.P.(C) No.30032 of 2022
APPENDIX OF CON.CASE(C) 1471/2023
PETITIONER ANNEXURES
Annexure ACERTIFIED COPY OF JUDGMENT DATED 2-2-
2023 IN W.P.(C) NO. 30032/2022 PASSED
BY THIS HON'BLE COURT
Annexure BTRUE COPY OF THE LETTER DATED 13-2-
2023 ISSUED BY THE PETITIONER TO
RESPONDENT
Annexure CTRUE COPY OF THE LETTER DATED 11-4-
2023 SUBMITTED BY THE PETITIONER TO
THE RESPONDENT
RESPONDENT ANNEXURES
Annexure-R1(a)True copy of the proceedings dated
10/03/2023 of the secretary,
Melarcode Grama Panchayat
Annexure-R1(b)true copy of the joint inspection
report dated 15/07/2023
Annexure-R1(c)A true copy of the notice dated
11/08/2023 issued to Mr Vinodkumar
Annexure-R1(d)A true copy of the report dated nil
given to the secretary, Melarcode
Grama Panchayat
Annexure-R1(e)A true copy of the photo of the site
VIJAYAKUMARAN C.
HARISHKUMAR AGE
VIJU ABRAHAM
As recorded by the court registry
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