Mani Prasad vs A.Chandran Nair

Citation : 2021 Latest Caselaw 412 Ker
Judgement Date : 6 January, 2021

Kerala High Court
Mani Prasad vs A.Chandran Nair on 6 January, 2021
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

         Con.Case(C).No.1762 OF 2020 IN WP(C). 10209/2018

         AGAINST THE JUDGMENT IN WP(C) 10209/2018(A) OF HIGH
                           COURT OF KERALA


PETITIONER/PETITIONER IN WP(C):

             MANI PRASAD, AGED 56 YEARS
             W/O. PRASAD, RESIDING AT ILLIPARAMBIL HOUSE, JUBILEE
             JUNCTION, FORT COCHIN, VELI-682 001, ERNAKULAM
             DISTRICT

             BY ADV. SMT.BINDU SREEKUMAR

RESPONDENT/CONTEMNORS/PETITIONERS/2ND RESPONDENT:

             A.CHANDRAN NAIR, DEPUTY SECRETARY,SECRETARY-IN-
             CHARGE,CORPORATION OF COCHIN,COCHIN-682011


             SRI. RAJU SEBASTIAN VADAKKEKKARA - SC

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.1762 OF 2020

                                   2


                              JUDGMENT

Dated this the 6th day of January 2021 This Contempt Case has been filed alleging that the judgment of this Court dated 10.12.2019 has not been complied with by the respondent.

2. However, Sri.Raju Sebastian Vadakkekara, the learned standing counsel for the respondent submitted that the second respondent in the writ petition has filed W.P.(C) No.26183/20 and has obtained an order of "status quo" against the demolition of the structures in question. He submitted that, therefore, his client is now incapacitated from complying with the directions in the judgment of this Court in W.P.(C) No.10209/2018.

3. Smt.Bindu Sreekumar, the learned counsel for the petitioner affirms that the second respondent in the writ petition has filed the afore writ petition and has obtained an order of "status quo".

4. In the afore circumstances, since another Bench of this Court has already granted an order of "status quo" to the second respondent in W.P.(C) No.26183/20, it is obvious that no further proceedings in this contempt case can now go on. Con.Case(C).No.1762 OF 2020 3 I, therefore, close this case; however, leaving liberty to approach this Court again, depending upon the fate of W.P.(C) No.26183/20.




                                         Sd/- DEVAN RAMACHANDRAN

    Stu                                           JUDGE
 Con.Case(C).No.1762 OF 2020

                                     4




                                 APPENDIX
    PETITIONER'S ANNEXURE:

    ANNEXURE A          CERTIFIED COPY OF THE JUDGMENT IN WP(C)
                        NO.10209/2018 DATED 10.12.2019.