IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
CON.CASE(C) NO. 1124 OF 2022
AGAINST THE ORDER/JUDGMENTWP(C) 550/2022 DATED 28.02.2022
PETITIONER:
K.P VARKEY, AGED 83 YEARS, S/O PAILY
KOLEMBEL HOUSE, THATTEKKADU P.O,
KOTHAMANGALAM, ERNAKULAM, PIN - 686681
BY ADVS.
ALEXANDER JOSEPH
AKHILASREE BHASKARAN
ANTONY NIKHIL REMELO
RESPONDENT:
SHIJI KARUNAKARAN, THE EXECUTIVE ENGINEER ,
EXECUTIVE ENGINEERS OFFICE , PWD ROADS DIVISION,
MUVATTUPUZHA , ERNAKULAM, PIN - 686673
SMT PARVATHY K-GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
COC 1124/22
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JUDGMENT
The petitioner complains that, in spite of the directions in the judgment of this Court, the respondent has not issued any orders, as ordered therein.
2. Smt.Parvathy K. - learned Government Pleader, on the other hand, submitted that the respondent has done everything in compliance with the directions in the judgment; but that it has not been completed solely because the writ petitioner sought for survey of the area through the District Survey Superintendent. She submitted that the respondent will complete the proceedings within a period of one month.
3. I must say that this Court is totally dismayed by the conduct of the respondent because the judgment in question was delivered on 20.03.2022, granting her one month's time to complete the proceedings. If she wanted more time, she should have approached this Court seeking extension of time, which she has not done.
4. That apart, as rightly argued by Sri.Alexander Joseph COC 1124/22 3
- learned counsel for the petitioner, it was only after this Contempt Case had been filed, was the joint inspection conducted on 12.07.2022.
5. It is rather unfortunate that the officers take orders of this Court in such a casual manner, particularly when time frames are fixed noticing the urgency of the cause projected. This can never be countenanced and normally, this Court would have been fully justified in proceeding against the respondent for willful contempt of the orders of this Court.
6. That said, taking note of the persuasive submissions of the learned Government Pleader, I deem it appropriate not to proceed against the respondent at this stage and to accede to her request for a month's time.
Resultantly, this COC is closed, recording the undertaking of the learned Government Pleader that the respondent will comply with the directions in the judgment not later than one month from today.
Needless to say, full liberty is reserved to the petitioner to seek a rehearing of this COC in the event no orders are issued COC 1124/22 4 by the respondent or action completed within the afore period.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
COC 1124/22
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APPENDIX OF CON.CASE(C) 1124/2022
PETITIONER ANNEXURES
Annexure1 TRUE COPY OF THE JUDGMENT DATED
07/02/2020 IN W.P(C) NO. 28748/2019 OF THE HON'BLE HIGH COURT OF KERALA Annexure2 CERTIFIED COPY OF THE JUDGMENT DATED 28/02/2022 IN W.P(C) NO. 550/2022 OF THE HON'BLE HIGH COURT OF KERALA Annexure3 TRUE COPY OF THE LAWYER NOTICE DATED 07/06/2022 ISSUED TO THE RESPONDENT.
Annexure4 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT SIGNED BY THE RESPONDENT.