The Court closed two contempt cases recording an agreed settlement reached through mediation between the petitioners and the Thalassery Municipality.
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 VIJU ABRAHAM
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
CON.CASE(C) NO. 837 OF 2022
PETITIONERS:
BY ADV CIBI THOMAS
RESPONDENTS:
SC – ADV. I. V. PRAMOD
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28.05.2024, ALONG WITH Con.Case(C).1055/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
CON.CASE(C) NO. 1055 OF 2022
AGAINST THE ORDER/JUDGMENT DATED IN AS NO.537 OF 2000 OF HIGH COURT
OF KERALA
PETITIONERS:
1 K.P FATHIMA @ PATHOOTTY AGED 67 YEARS WIFE OF MAKKI, BAVAS, NEAR DISTRICT COURT, THALASSERY, KANNUR - 670 101., PIN - 670101 2 SUHARA.K.P W/O. C.K HARIS, AL-HILAL, CHETTAMKUNNU, THALASSERY, KANNUR - 670 101., PIN - 670101 3 MARIYU .K.P W/O. K.UMMER, RAHMA, KAYYATH ROAD, THALASSERY KANNUR - 670 101., PIN - 670101
5 AYISHA BEEVI W/O. SHAFEEQUE, HIBA VEA, S.B COLONY ROAD, CHETTAKUNNU, THALASSERY, KANNUR - 670 101, PIN - 670101 BY ADV CIBI THOMAS
RESPONDENTS:
1 PRADEEP KUMAR.R THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR - 670 101., PIN - 670101 2 S. CHANDRASHEKAR DISTRICT COLLECTOR, CIVIL STATION, KANNUR- 670 002.
BY ADV ADV. K. PRAVEEN KUMAR
OTHER PRESENT:
SR.GP- DEEPA NARAYANAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28.05.2024, ALONG WITH Con.Case(C).837/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Cont. Case (C) Nos.837 & 1055 of 2022 : 3 :
VIJU ABRAHAM, J.
JUDGMENT
When the matter was taken up for consideration, the learned counsel for the petitioners as well as the learned standing counsel for the 1st respondent Municipality submit that the matter has been amicably settled in mediation held at the District Mediation Centre, District Court Complex, Thalassery and a copy of the mediation report has been forwarded to this Court as per letter No.M.224/2023 dated 09.04.2024. Both sides submit that the Contempt of Court Cases may be closed recording the settlement.
In view of the same, the above Contempt of Court Cases are closed recording the settlement as per the mediation agreement executed on 08.04.2024.
Sd/- VIJU ABRAHAM JUDGE
sm/
Cont. Case (C) Nos.837 & 1055 of 2022 : 4 :
APPENDIX OF CON.CASE(C) 837/2022
PETITIONER ANNEXURES
| Annexure I | CERTIFIED NO.15637/20 |
COPY OF 12 DATED |
THE JUDGMENT IN WPC 23/07/2013. |
|---|---|---|---|
| Annexure II | TRUE COPY IN CC 2276 COURT. |
OF THE O 1/2013 OF |
RDER DATED 13/01/2014 THE HON'BLE SUPREME |
| Annexure III | TRUE COPY NO.1565/201 |
OF THE 3 DATED 0 |
JUDGMENT WRIT APPEAL 6/08/2014. |
| Annexure IV | TRUE COPY 30/09/2014 JUDGMENTS OFFICER, TH |
OF THE SUBMITT BEFORE T ALASSERY. |
COVERING LETTER DATED ED ALONG WITH THE HE LAND ACQUISITION |
| Annexure V | TRUE COPY SUBMITTED B |
OF T EFORE THE |
HE COVERING LETTER DISTRICT COLLECTOR. |
| Annexure VI | TRUE COPY 10/09/2014 THALASSERY |
OF THE ISSUED MUNICIPAL |
COMMUNICATION DATED BY THE SECRETARY OF ITY. |
| Annexure VII | TRUE COPY 18/10/2014 THALASSERY |
OF THE ISSUED MUNICIPAL |
COMMUNICATION DATED BY THE SECRETARY, ITY. |
| Annexure VIII | TRUE COPY PETITIONER |
OF THE DATED 29/ |
REPLY BY THE 1ST 10/2014. |
| Annexure VIII(A) | TRUE COP EVIDENCING MUNICIPALIT |
Y OF T THE RECE Y. |
HE POSTAL RECEIPT IPT OF REPLY BY THE |
| Annexure IX | TRUE COPY 23/12/2014. |
OF THE |
COMMUNICATION DATED |
| Annexure X | TRUE COPY 10/07/2019 |
OF THE ISSUED BY |
COMMUNICATION DATED THE MUNICIPALITY. |
| Annexure XI | TRUE COPY 13/08/2019. |
OF THE |
COMMUNICATION DATED |
Cont. Case (C) Nos.837 & 1055 of 2022 : 5 :
APPENDIX OF CON.CASE(C) 1055/2022
PETITIONER ANNEXURES
| Annexure I | TRUE COPY 23.07.2013 |
OF THE JUDGMENT IN AS 537/2000. |
DATED |
|---|---|---|---|
| Annexure II | TRUE COPY IN C.C 227 COURT. |
OF THE ORDER DATED 13. 61/2013 OF THE HON'BLE |
01.2014 SUPREME |
| Annexure III | TRUE COPY NO. 1565/20 |
OF THE JUDGMENT IN WRIT 13 . |
APPEAL |
| Annexure IV | TRUE COPY 30.09.2014 JUDGMENTS OFFICER, TH |
OF THE COVERING LETTER SUBMITTED ALONG WIT BEFORE THE LAND ACQU ALASSERY. |
DATED H THE ISITION |
| Annexure V | TRUE COPY SUBMITTED B |
OF THE COVERING EFORE THE DISTRICT COLLE |
LETTER CTOR. |
| Annexure VI | TRUE COPY | OF THE COMMUNICATION | DATED |
| 10.09.2014 | ISSUED BY THE SECRET | ARY OF | |
| THALASSERY PETITIONERS |
MUNICIPALITY TO . |
THE | |
| Annexure VII | TRUE COPY 18.10.2014 THALASSERY |
OF THE COMMUNICATION ISSUED BY THE SEC MUNICIPALITY . |
DATED RETARY, |
| Annexure VIII | TRUE COPY O | F THE REPLY DATED 29.10. | 2014. |
| Annexure VIII a | TRUE COPY EVIDENCING MUNICIPALIT |
OF THE POSTAL THE RECEIPT OF REPLY Y. |
RECEIPT BY THE |
| Annexure IX | TRUE COPY 23.12.2014 |
OF THE COMMUNICATION . |
DATED |
| Annexure 10 | TRUE COPY 10.07.2019. |
OF THE COMMUNICATION |
DATED |
| Annexure XI | TRUE COPY 13.08.2019. |
OF THE COMMUNICATION |
DATED |
K.P. FATHIMA @ PATHOOTTY AND OTHERS
PRADEEP KUMAR R.
VIJU ABRAHAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
