Contempt case arising out of a writ appeal judgment regarding property measurement. The court noted that measurement had been effected and held that any dissatisfaction with the measurement must be challenged separately, not in a contempt proceeding, and closed the case.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
CON.CASE(C) NO. 445 OF 2024
AGAINST THE JUDGMENT DATED 10.03.2023 IN WA NO.540 OF 2023 OF HIGH
COURT OF KERALA
PETITIONER/2ND APPELLANT IN WA NO.540 OF 2023:
DAVIS.M.C AGED 62 YEARS MACHAMPILLY HOUSE, VETTUKADAVU ROAD, CHALAKUDY P.O, THRISSUR, PIN - 680307 BY ADVS. V.M.KRISHNAKUMAR P.R.REENA
RESPONDENTS/ADDITIONAL 5TH AND 6TH RESPONDENTS IN
WA NO.540 OF 2023:
1 HARRIS AGE OF RESPONDENT AND FATHER'S NAME NOT KNOWN TO THE PETITIONER EXECUTIVE ENGINEER, PWD ROADS DIVISION, CHEMBUKAVU, THRISSUR DISTRICT, PIN - 680020
2 ANTO JACOB AGE OF RESPONDENT AND FATHER'S NAME NOT KNOWN TO THE PETITIONER TAHSILDAR (LR), CHALAKUDY TALUK, TALUK OFFICE, CHALAKUDY.P.O, THRISSUR DISTRICT, PIN - 680307
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COC No.445 of 2024
2
J U D G M E N T
A.Muhamed Mustaque, J
As seen from the impugned proceedings, the property has been measured. If the petitioner is not satisfied with the measurement, the remedy of the petitioner is to challenge separately and not in this contempt. This Contempt Case is closed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
rkj
COC No.445 of 2024
3
APPENDIX OF CON.CASE(C) 445/2024
| PETITIONER ANNE | XURES | |||
|---|---|---|---|---|
| Annexure 1 | CERTIFIED COPY WA.NO.540 OF 202 |
OF THE 3 DATED 10.0 |
JUDGMENT 3.2023 |
IN |
| Annexure 2 | TRUE COPY TLKCKY/767/2023- |
OF THE B5 DATED 22. |
ORDER 12.2023 |
NO. |
| Annexure 3 | TRUE COPY OF TH | E NOTICE DA | TED 10.01 | .2024 |
| ISSUED BY THE | 1ST RESPOND | ENT EXEC | UTIVE | |
| ENGINEER TO THE | PETITIONER |
1 issue framed by the court
Whether grievances over a property measurement could be pursued through this contempt case arising from the judgment in WA No.540 of 2023.
Davis M.C
Harris, Executive Engineer, PWD Roads Division, Chembukavu, Thrissur
Anto Jacob, Tahsildar (LR), Chalakudy Taluk
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
