Against The Judgment In Wp(C) ... vs By Advs
2021 Latest Caselaw 4937 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

         Con.Case(C).No.2029 OF 2019 IN WP(C). 12203/2019

   AGAINST THE JUDGMENT IN WP(C) 12203/2019(A) OF HIGH COURT OF
                              KERALA


PETITIONER/PETITIONER IN W.P.(C)

             THE CENTRE FOR ENVIRONMENT AND DEVELOPMENT
             THOZHUVANCODE, VATTIYOORKAVU P. O.,
             THIRUVANANTHAPURAM - 695 013.
             REPRESENTED BY ITS EXECUTIVE DIRECTOR,
             DR. BABU AMBAT, RESIDING AT CGRA-20, SOUPARNIKA,
             CONTINENTAL GARDEN, VATTIYOORKAVU P. O.,
             THIRUVANANTHAPURAM - 695 013.

             BY ADVS.
             SRI.RINNY STEPHEN CHAMAPARAMPIL
             SMT.ASHA ELIZABETH MATHEW

RESPONDENT/1ST RESPONDENT NO.1 IN WPC

             K. KOWSIGAN
             AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
             THE EXECTIVE DIRECTOR,
             KERALA RURAL WATER SUPPLY AND SANITATION AGENCY, PTC
             TOWERS, 3RD FLOOR, S.S. KOVIL ROAD, THAMPANOOR,
             THIRUVANANTHAPURAM - 695 001.

             R1 BY ADV. SRI.D.KISHORE
             R1 BY ADV. SRI.R.MURALEEKRISHNAN (MALAKKARA)
             SMT MARY BENJAMIN

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                         2

Con.Case(C).No.2029 OF 2019 IN WP(C). 12203/2019




                                  JUDGMENT

Dated this the 10th day of February 2021

This contempt petition is filed complaining

that directives contained in the judgment in

W.P.(C)No.12203/2019 dated 13.08.2019 is not

complied with.

2. A counter affidavit is filed by the

respondent and along with the same, Annexure R1(b)

order dated 27.09.2019 is produced, from where it

is clear that, it was on the basis of the

directions issued in the judgment that the said

order was passed. The relevant portion of the

directions contained in the judgment is extracted

hereunder for convenience:-

"3. Though notice is served on 1 st respondent, there is no appearance. Having heard learned counsel for petitioner, learned Government Pleader appearing for 2nd respondent, there will be a direction to the 1st respondent to consider Ext.P3 invoices submitted by the petitioner and finalise the same within a month from the date of receipt of a copy of this

Con.Case(C).No.2029 OF 2019 IN WP(C). 12203/2019

judgment. I also make it clear, it shall be paid to the petitioner without any delay, if there are no legal impediments standing in the way."

3. Learned counsel for the petitioner

submitted that, a reply affidavit is filed refuting

the contents of the order in question.

4. I have heard learned counsel for the

petitioner and the learned counsel appearing for

the respondent and perused the pleadings and

materials on record.

5. Having assimilated the factual and legal

situation, I am of the considered opinion that, the

respondent has passed on order in compliance of the

directions contained in the judgment, though

belatedly. Therefore, I do not propose to proceed

with the contempt case. It is also evident from

Annexure R1(b)order passed by the respondent that,

various factual inputs were taken into account

before passing the said order. I am also informed

by learned counsel appearing for the respondent

that challenging the said order,

Con.Case(C).No.2029 OF 2019 IN WP(C). 12203/2019

W.P.(C)No.13885/2020 is filed by the petitioner and

is pending consideration before this Court.

Taking into account the aforesaid factual and

legal aspects, I do not think the petitioner can

still pursue with the contempt case. Therefore, the

contempt case is closed, leaving open the liberty

of the petitioner to take up all contentions in the

writ petition.

Sd/-

SHAJI P.CHALY

JUDGE hmh

Con.Case(C).No.2029 OF 2019 IN WP(C). 12203/2019

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE JUDGMENT DATED 13.8.2019 OF THIS HON'BLE COURT IN W.P. (C) NO.12203/2019.

ANNEXURE B A TRUE COPY OF THE PROCEEDINGS DATED 27.9.2019 ISSUED BY THE RESPONDENT.

ANNEXURE C A TRUE COPY OF THE MINUTES OF THE MEETING CONVENED ON 18.02.2016

ANNEXURE D A TRUE COPY OF THE MINUTES OF THE MEETING CONVENED ON 01.06.2016

ANNEXURE E A TRUE COPY OF THE MINUTES OF THE MEETING CONVENED ON 03.12.2016

ANNEXURE C A TRUE COPY OF THE MINUTES OF THE MEETING CONVENED ON 07.09.2017

RESPONDENT'S/S EXHIBITS:

ANNEXURE-R1(A) TRUE COPY OF THE COMMUNICATION DATED 29.08.2019 SUBMITTED BY THE PETITIONER TO THIS RESPONDENT ALONG WITH THE RELEVANT DOCUMENTS.

ANNEXURE-R1(B) TRUE COPY OF THE COMMUNICATION DATED 27.09.2019 ISSUED BY THE EXECUTIVE DIRECTOR TO THE PETITIONER ALONG WITH THE PROCEEDINGS NO.KRWSA-PMU/3509/2017- DD(E&S) DATED 27.09.2019