The District Bar Association vs P H Kurien
2021 Latest Caselaw 6106 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

          Con.Case(C).No.790 OF 2017(S) IN WP(C). 6220/2017

  AGAINST THE JUDGMENT IN WPC 6220/2017 DATED 17-03-2017 OF HIGH
                         COURT OF KERALA

PETITIONERS/PETITIONERS:

      1       THE DISTRICT BAR ASSOCIATION
              PATHANAMTHITTA-689 645,
              REPRESENTED BY ITS PRESIDENT,
              ADVOCATE PEELIPOSE THOMAS

      2       ADVOCATE BIJU
              M. THANKACHAN,
              SECRETARY,THE DISTRICT BAR ASSOCIATION,
              PATHANAMTHITTA-689 645.

              BY ADVS.
              SRI.V.PHILIP MATHEW
              SRI.GIBI.C.GEORGE

RESPONDENTS/RESPONDENTS 4,6,10 & 11 IN WP(C):

      1       P H KURIEN
              AGE NOT KNOWN TO PETITIONER,
              S/O. NOT KNOWN TO PETITIONER,
              THE PRINCIPAL SECRETARY,
              DEPARTMENT OF REVENUE,
              KERALA GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.

      2       R. GIRIJA
              AGE NOT NOWN TO PETITINER,
              S/O. NOT KNOWN TO PETITINER,
              DISTRICT COLLECTOR,
              CIVIL STATION,PATHANAMTHITTA.

      3       ABRAHAM
              AGE NOT KNOWN TO PETITIONER,
              S/O NOT KNOWN TO PETITINER,
              TAHSILDAR (LA),CIVIL STATION,
              PATHANAMTHITTA.
 Con.Case(C).No.790 OF 2017
IN WP(C). 6220 of 2017                2


         4         ANNIE TITTY
                   AGE NOT KNOWN TO PETITIONER,
                   S/O. NOT KNOWN TO PETITIONER,
                   DEPUTY COLLECTOR (LA),CIVIL STATION,
                   PATHANAMTHITTA.

             R1 BY GOVERNMENT PLEADER
             SRI.SURIN GEORGE IPE
     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.790 OF 2017
IN WP(C). 6220 of 2017                        3




                                           JUDGMENT

Dated this the 19th day of February 2021

This contempt case is filed complaining that the directives

contained in the judgment dated 17.03.2017 in W.P.

(C).No.6220/2017, is not complied with. The issue relates to

acquisition of property at Pathanamthitta, for the purpose of

constructing new Court Complex. Admittedly, after the

judgment in question the petitioners have again approached this

Court and secured yet another judgment, which in fact was

interfere by the Division Bench of this Court in Krishna Kumar

and others v. District Bar Association and others ILR 2021 (1)

Kerala 461.

Taking into account the said aspects, it is discernible that

the judgment in question against which contempt is filed is not

at all relevant at this point of time, in order to identify whether

the respondents have committed any contempt due to the

reasons specified above.

In that view of the matter, I do not find any reason to

pursue the contempt of court case any further.

The Contempt of Court case is closed, accordingly.

Sd/-

SHAJI P. CHALY JUDGE VPK Con.Case(C).No.790 OF 2017

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE 1 COPY OF THE JUDGMENT DATED 17.03.2017 PASSED BY THIS HON'BLE COURT IN WP(C)NO.6220/2017

RESPONDENT'S/S EXHIBITS:

ANNEXURE R2(a) TRUE COPY OF THE COMMUNICATIONS SEND TOT HE ADDITIONAL CHIEF SECRETARY, REVENUE FROM THE DISTRICT COLLECTOR, PATHANAMTHITTA