Disposed

Sujitha P v. Anil Kumar N

Kerala HC14 Aug 2023Con.Case(C)/394/2023

Case brief

AI extract

What is this about?

In a contempt case arising from a writ petition on water pollution concerns, the court held the respondent Panchayat substantially complied with previous directions as it passed an order after hearing parties. The petitioners were granted liberty to challenge the new order in appropriate forums.

What did the court decide?

The contempt case is closed, granting liberty to petitioners to challenge the Panchayat's order in the appropriate forum.

Sujitha P Vs Anil Kumar N — Writ and Judicial Review | Kerala HC (2023)

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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 N.NAGARESH

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MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
CON.CASE(C) NO. 394 OF 2023

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AGAINST THE JUDGMENT IN WP(C) 34097/2022 OF HIGH COURT OF KERALA PETITIONERS:

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1 SUJITHA P

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AGED 43 YEARS, W/O SASEENDRAN NAIR V N, POURNAMI HOUSE,
MULAVOOR VILLAGE, MUVATTUPUZHA TALUK THRIKKALATHUR,
MUVATTUPUZHA TALUK,ERNAKULAM, KERALA, PIN - 683541

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2 SASEENDRAN NAIR V N

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AGED 48 YEARS, POURNAMI, KAVUMPADY, MULAVOOR VILLAGE,
MUVATTUPUZHA TALUK THRIKKALATHUR, MUVATTUPUZHA TALUK
ERNAKULAM, KERALA, PIN - 683541

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BY ADVS.

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LUKE J CHIRAYIL
ELSA MARY THOMAS
AMAL JOSE

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RESPONDENTS:

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ANIL KUMAR N

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AGED 52 YEARS, SON OF NOT KNOWN TO THE PETITIONER THE
SECRETARY PAYIPRA GRAMA PANCHAYAT PEZHAKKAPPILLY P.O.,
MUVATTUPUZHA ERNAKULAM DISTRICT, KERALA,, PIN – 686673

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BY ADV
C.A.Navas

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SMT. K M RESHMI – SR.GOVERNMENT PLEADER

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case.(C) No.394 OF 2023

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JUDGMENT

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Dated this the 14^th day of August, 2023

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W.P.(C) No.34097 of 2022 was disposed of on 27.10.2022

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with the following directions : -

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“In the facts and circumstances of the case, the writ petition is disposed of directing the 2^nd respondentSecretary to Grama Panchayat to consider Ext.P11 representation submitted by the 1^st petitioner and take a decision thereon in accordance with law within a period of six weeks after giving an opportunity of hearing the petitioners as well as the 3^rd respondent. It is made clear that this Court has not pronounced anything on merit on the source of pollution/contamination.”

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2. Standing Counsel for the respondent submits that

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pursuant to the said directions, the parties were heard in person as is evidenced by Annexure-R1(c) and the Secretary to the Panchayat has passed Annexure-R1(d) order on 11.01.2023. The counsel for the petitioners would submit that their grievance

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has not been redressed though an order has been passed.

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Con.Case.(C) No.394 OF 2023

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As the respondent has passed an order after hearing the parties, I am of the view that the directions given by this Court stand substantially complied with. If the petitioners are aggrieved by Annexure-R1(d), the petitioners will have to invoke their remedies. In view of the above, the Contempt of Court case is closed, granting liberty to the petitioners to challenge Annexure-R1(d) before appropriate forum in accordance with

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law.

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Sd/- N.NAGARESH JUDGE

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ded

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Con.Case.(C) No.394 OF 2023

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APPENDIX OF CON.CASE(C) 394/2023

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PETITIONER ANNEXURES

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ANNEXURE A1THE TRUE COPY OF THE JUDGMENT IN W.P.
(C) NO. 34097 OF 2022 DATED 27.10.2022
ON THE FILES OF THE HONOURABLE HIGH
COURT OF KERALA

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RESPONDENT ANNEXURES

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ANNEXURE R1(C)THE TRUE COPY OF THE RECORDS OF HEARING
CONDUCTED ON 09.01.2023

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ANNEXURE R1(A)TRUE COPY OF THE ANALYTICAL REPORT
NO.10141/22-23 DATED 16.12.2022 ISSUED
BY REGIONAL ANALYTICAL LABORATORY,
ERNAKULAM

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ANNEXURE R1(D)THE TRUE COPY OF THE ORDER
NO.A7/1225/2020 DATED 11.01.2023

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ANNEXURE R1(B)THE TRUE COPY OF THE HEARING NOTICE
NO.A7/1225/2020 DATED 03.01.2023 ISSUED
BY THE RESPONDENT

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ANNEXURE R1(E)TRUE COPY OF THE GOVERNMENT ORDER G.O
(ORDINARY) NO.82/2023/ LSGD DATED
11.01.2023 ISSUED BY THE LOCAL SELF
DEPARTMENT

Sujitha P v. Anil Kumar N

Case brief

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Sujitha P v. Anil Kumar N

Case brief

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