S.N.D.P. Yogam vs Sri.Krishnakumar
2021 Latest Caselaw 2132 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

       THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

    Con.Case(C).No.1900 OF 2020 IN WP(C). 19111/2020

AGAINST THE ORDER/JUDGMENT IN WP(C) 19111/2020(L) OF HIGH
                     COURT OF KERALA


PETITIONER/PETITIONER:

           S.N.D.P. YOGAM
           CHERTHALA UNION, REPRESENTED BY THE UNION
           SECRETARY, SRI.V.N.BABU, AGED 63,
           S/O.NARASSI, VELIYIL HOUSE, NADUBHAGOM MURI,
           THYKKATTUSSERY VILLAGE, CHERTHALA, ALAPPUZHA-
           688528.

           BY ADV. SRI.V.MAHENDRANATH

RESPONDENT/RESPONDENT:

           SRI.KRISHNAKUMAR, AGED 44 YEARS
           S/O.KUMARAN.V.K., MUNICIPAL SECRETARY,
           CHERTHALA MUNICIPALITY, CHERTHALA P.O.,
           ALAPPUZHA DISTRICT, KERALA-688524.

           R1 BY SHRI.JOBY CYRIAC,SC,CHERTHALA
           MUNICIPALI

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN
FINALLY HEARD ON 19.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 Cont.Case (C) No.1900 of 2020            ..2..




                 Contempt Case (C) No.1900 of 2020
                 -----------------------------------------------


                                 JUDGMENT

This proceedings is instituted alleging wilful

disobedience of the direction issued by this Court in W.P.(C)

No.19111 of 2020. As per the judgment, this Court directed the

respondent to take a decision on Ext.P4 complaint preferred by the

petitioner concerning the alleged unauthorised construction carried

out by the tenant in a building owned by the petitioner.

2. When this matter was taken up, the learned

counsel for the respondent submitted that Ext.P4 complaint has

been considered and Annexure R1(a) provisional order has now

been passed invoking the power under Section 406(1) of the Kerala

Municipality Act, 1994. It was also submitted by the learned counsel

that since further proceedings pursuant to Annexure R1(a) order has

been stayed by the Tribunal for Local Self Government Institutions,

the respondent is unable to proceed to the next stage under Section

406 of the said Act.

In the aforesaid facts and circumstances, the Contempt

of Court Case is closed without prejudice to the right of the

petitioner to approach this Court again after the disposal of the Cont.Case (C) No.1900 of 2020 ..3..

matter before the Tribunal for Local Self Government Institutions, if

circumstances warrant.

Sd/-

                                           P.B.SURESH KUMAR, JUDGE


ds 19.01.2021
 Cont.Case (C) No.1900 of 2020     ..4..




                            APPENDIX
PETITIONER'S/S EXHIBITS:

ANNEXURE A              TRUE COPY OF THE JUDGMENT DATED
                        16.09.2020, IN THE WRIT PETITION.

ANNEXURE R1(A)          TRUE COPY OF THE PRELIMINARY ORDER
                        NO.TP1-8653/2020 DATED 14.12.2020
                        ISSUED TO MR. ANIL M S

ANNEXURE R1(B)          TRUE COPY OF THE ORDER IN IA.1119/2020
                        IN APPEAL 546/20 DATED 23/12/2020
                        ISSUED TO MR. ANIL M S