IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
CONTEMPT CASE(C) NO. 1176 OF 2022(S) IN WP(C) 21823/2020
PETITIONER/PETITIONER IN THE WRIT PETITION:
MAHESH VIJAYAN, AGED 38 YEARS,
S/O. R. VIJAYAN, ATTUVAYIL HOUSE,
S.H MOUNT P.O, KOTTAYAM - 686 006
REPRESENTED BY POWER OF ATTORNEY HOLDER OMANA VIJAYAN,
AGED 65 YEARS, W/O VIJAYAN, ATTUVAYIL HOUSE,
S. H MOUNT P.O, PERUMBAIKKADU VILLAGE, KOTTAYAM.
BY ADVOCATE SRI. JOMY K. JOSE
RESPONDENT/RESPONDENT NO.3:
ANILA ANNA VARGHESE,
SECRETARY, KOTTAYAM MUNICIPALITY
KOTTAYAM - 686 001
This Contempt of court case (civil) having come up for orders on
29.06.2022, the court on the same day passed the following:
P.T.O.
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
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Cont. Case (C) No.1176 of 2022
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Dated this the 29th day of June, 2022
ORDER
S.MANIKUMAR, C.J.
This contempt case is filed alleging non compliance of the directions contained in the judgment dated 12 th November, 2020 in W.P. (C)No.21823 of 2020.
2. Earlier, the petitioner approached this court with a public interest litigation seeking a direction to demolish the bus stand cum shopping complex owned by the Kottayam Municipality which is in a dilapidated condition.
3. This court disposed of the writ petition by judgment dated 12 th November, 2020 in W.P.(C)No.21823 of 2020. Grievance of the petitioner in this contempt petition is that even after a lapse of one and half years, the respondent herein failed to comply the directions contained in the judgment.
4. On this day, when the matter came up for hearing, Mr.Aneesh James representing Mr.Siby Chenappady, the Standing Counsel for the Kottayam Municipality, submitted that Mr.Siby Chenappady had already Cont. Case (C) No.1176 of 2022 : 2 :
resigned from the panel of Standing Counsel. Abovesaid submission is placed on record.
5. Having regard to the averments and the submission now made, Registry is directed to issue notice to the respondent, Smt.Anila Anna Varghese - Secretary, Kottayam Municipality, Kottayam returnable within two weeks.
6. Notice need not be construed as a notice issued under the provisions of the Contempt of Courts Act, 1971. However, respondent to enter appearance and file a detailed counter affidavit and explain as to why directions contained in the judgment dated 12 th November, 2020 in W.P.(C)No.21823 of 2020 have not been complied with.
Post on 14.7.2022.
sd/-
S.MANIKUMAR CHIEF JUSTICE sd/-
SHAJI P. CHALY JUDGE jes 29-06-2022 /True Copy/ Assistant Registrar