Beena vs Smt. Bini K.U
2021 Latest Caselaw 1299 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

         Con.Case(C).No.1907 OF 2020 IN WP(C). 22603/2020

 AGAINST THE ORDER PASSED IN WP(C) 22603/2020(A) OF HIGH COURT OF
                              KERALA


PETITIONER/PETITIONER:

             BEENA,
             AGED 49 YEARS,
             D/O. SANTHAKUMARI AMMA, BEENAMANDIRAM, UTHIYARAMOOLA,
             AYIROOPPARA, KATTAYIKKONAM PO, THIRUVANANTHAPURAM-695
             584.

             BY ADV. SRI.LIJU. M.P

CONTEMNOR/3RD RESPONDENT:

             SMT. BINI K.U.,
             (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER),
             SECRETARY, THE CORPORATION OF THIRUVANANTHAPURAM,
             VIKASBHAVAN POST, THIRUVANANTHAPURAM-695 033.

             R1 BY ADV. SRI.N.NANDAKUMARA MENON (SR.)
             R1 BY SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.1907 OF 2020 IN WP(C). 22603/2020

                                     2



                 Cont.Case(C) No.1907 of 2020
              -----------------------------------------------


                           JUDGMENT

This proceedings under the Contempt of Courts Act

is instituted alleging willful disobedience of Annexure A

interim order passed by this court in W.P.(C) No.22603 of 2020

on 22.10.2020. W.P.(C) No.22603 of 2020 is a writ petition filed

by the petitioner alleging that the sixth respondent is running

a furniture manufacturing unit within the limits of the third

respondent Corporation without obtaining licence from the

Corporation. Annexure A interim order was passed at the time

of admission of the writ petition. Annexure A interim order

reads thus:

"Admit.

Government Pleader takes notice for respondents 1 and 5. Respective Standing Counsel take notice for respondents 2 to 4. Issue notice by speed post as also by email to the sixth respondent.

If the sixth respondent is running the furniture unit referred to in the writ petition without obtaining licence from the third respondent, pending disposal of the writ petition, the Secretary of the third respondent shall take appropriate action forthwith in Con.Case(C).No.1907 OF 2020 IN WP(C). 22603/2020

respect of the activities of the sixth respondent."

2. An affidavit has been filed by the Secretary of

the third respondent Corporation in the contempt case.

Paragraph 5 of the affidavit reads thus:

"5. I may bring to the notice of this Hon'ble Court that the work shop is registered under the provisions of the Kerala Micro Small and Medium Enterprises Facilitation Act, 2019 and hence the owner of the work shop is not legally liable to take the Trade Licence from the Corporation. Hence in the light of the complaint filed by the Petitioner before the Corporation, a communication dated 30.10.2020 has been sent to the District Industries Development Officer, requesting him to take necessary legal steps for the cancellation of the registration of the Unit. The Photostat copy of the said communication is produced herewith and is marked as Annexure-I. The above steps taken by the Corporation has been duly intimated to the Petitioner as well.

As discernible from the affidavit, the sixth respondent is

running the furniture unit referred to in the writ petition on the

strength of the registration of the unit under the Kerala Micro

Small and Medium Enterprises Facilitation Act, 2019. As

pointed out in the affidavit, licence from the Corporation is not

required for such units. The inability expressed by the third Con.Case(C).No.1907 OF 2020 IN WP(C). 22603/2020

respondent to redress the grievance of the petitioner, in the

circumstances, cannot be said to be willful. The Contempt

Case is therefore, closed without prejudice to the right of the

petitioner to seek appropriate interim order in the writ

petition.

Sd/-

P.B.SURESH KUMAR, JUDGE.

PV Con.Case(C).No.1907 OF 2020 IN WP(C). 22603/2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A ORIGINAL OF ORDER DATED 22.10.2020 PASSED IN WPC NO.22603/2020, ON THE FILE OF THIS HON'BLE COURT.

ANNEXURE B TRUE COPY OF THE LETTER DATED 31.10.2020 ADDRESSED TO THE CONTEMNOR.

ANNEXURE C TRUE COPY OF THE LAWYER NOTICE DATED 11.1.2020 ADDRESSED TO THE CONTEMNOR.

RESPONDENT'S EXHIBITS:

ANNEXURE - I THE PHOTOSTAT COPY OF THE COMMUNICATION NO.ZKZM5/414/2020 DAED 30-10-2020 ISSUED BY THE SECRETARY, CORPORATION OF THIRUVANANTHAPURAM, TO THE DISTRICT INDUSTRIES DEVELOPMENT OFFICER, TVM