Achakutty vs Swapna
2021 Latest Caselaw 16962 Ker

CON.CASE(C) NO. 1250 OF 2021         1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                  CON.CASE(C) NO. 1250 OF 2021
JUDGMENT DATED 17.03.2021 IN WP(C) 13699/2020 OF HIGH COURT OF
                       KERALA, ERNAKULAM
PETITIONERS/PETITIONERS IN W.P.(C)NO.13699 OF 2020:

    1     ACHAKUTTY,
          AGED 79 YEARS,
          W/O. LATE P.T. MATHAI, RETIRED NURSING
          SUPERINTENDENT, PUTHENPURAKKAL HOUSE, KUREEKKAD P.O,
          ERNAKULAM, PIN - 682305.

    2     P.M. SAJI,
          AGED 54 YEARS,
          /O. LATE P.T. MATHAI, ADVOCATE, PUTHENPURAKKAL HOUSE,
          KUREEKKAD P.O, ERNAKULAM, PIN - 682305.

          BY ADVS.
          R.LAKSHMI NARAYAN
          R.RANJANIE



RESPONDENTS/RESPONDENTS 3 AND 5 IN W.P.(C)NO.13699 OF 2020:

    1     SWAPNA, FATHER'S NAME AND AGED NOT KNOWN TO THE
          PETITIONERS, THE EXECUTIVE ENGINEER, PWD ROADS AND
          BRIDGES DIVISION, ERNAKULAM, PALARIVATTOM - EDAPPALLY
          ROAD, NEAR NGO QUARTERS, DEVANKULANGARA, MAMANGALAM,
          EDAPPALLY, ERNAKULAM, KERALA - 682024.

    2     TONY JOSE, FATHER'S NAME AND AGED NOT KNOWN TO THE
          PETITIONERS, THE ASSISTANT EXECUTIVE ENGINEER, OFFICE
          OF THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD
          SECTION, LAYAM ROAD, TRIPPUNITHURA - 682301.
 CON.CASE(C) NO. 1250 OF 2021       2




          SRI SAYED M THANGAL GP




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.08.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO. 1250 OF 2021                 3

                                   JUDGMENT

This contempt case is preferred alleging non-compliance of the directions

issued by this Court in the judgment dated 17.3.2021.

2. It is pointed out by the learned Government Pleader that strict

action was taken, but as it was not in consonance with the statutory provisions,

the party respondents had approached this Court with a writ petition. During

the pendency of the writ petition, the notice issued was withdrawn with liberty

to issue fresh notice to remove the encroachment. It is submitted that the

directions shall be complied with without fail. It is submitted that being an

affected party, notice shall also be issued to the petitioners.

3. Smt.R.Ranjanie, the counsel appearing for the petitioners, faced

with the submission of the learned Government Pleader, submitted that this

Contempt Case can be closed.

This Contempt Case (C) is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF CON.CASE(C) 1250/2021

PETITIONER(S) ANNEXURES:

Annexure A1 THE PHOTOCOPY OF THE JUDGMENT DATED 17.03.2021 IN WP(C) NO. 13699 OF 2020.

Annexure A2 THE PHOTOCOPY OF LETTER DATED 21.06.2021 ISSUED TO THE 1ST RESPONDENT ALONG WITH THE POSTAL ACKNOWLEDGEMENT CARD.

Annexure A3 THE PHOTOCOPY OF LETTER DATED 3.5.2021 ENCLOSING REPORT SUBMITTED BY THE FIRST RESPONDENT TO ADDITIONAL PRIVATE SECRETARY OF THE HON'BLE CHIEF MINISTER.

RESPONDENT(S) ANNEXURES: NIL