T.Muhammed Musthafa vs Abdul Sajeem
2021 Latest Caselaw 3287 Ker

Citation : 2021 Latest Caselaw 3287 Ker
Judgement Date : 29 January, 2021

Kerala High Court

T.Muhammed Musthafa vs Abdul Sajeem on 29 January, 2021

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

    Con.Case(C).No.1661 OF 2020 IN WP(C). 35102/2015

AGAINST THE ORDER/JUDGMENT IN WP(C) 35102/2015(K) OF HIGH
                     COURT OF KERALA


PETITIONER/S:

           T.MUHAMMED MUSTHAFA, AGED 45 YEARS
           THARAYIL HOUSE, MAKKARA PARAMBA, MALAPPURAM
           DISTRICT, 676 507

           BY ADV. SRI.S.ANANTHAKRISHNAN

RESPONDENT/S:

           ABDUL SAJEEM, SECRETARY, THE PERINTHALMANNA
           MUNICIPALITY, PERINTHALMANNA-676 507

           R1 BY SHRI.P.C.SASIDHARAN, SC, PERINTHALMANNA
           MUNICIPALITY

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                            -2-
Cont. Case (C). No. 1661 of 2020



                                        JUDGMENT

The petitioner has filed this Contempt of Court case

alleging non compliance of the directions contained in

Annexure A1 judgment of this Court dated 17.08.2020 in W.P.

W.P.(C) No.26215 of 2014 were disposed of by directing the

Municipality to take necessary steps to ensure the use of

Manathumangalam Bus Stand/Bypass Road Bus Stand, in

terms of the directions contained in the judgment of the

Division Bench in W.P.(C) No.18690 of 2005 (Ext.P3) and also

the decision taken by the Municipal council of Perinthalmanna

Municipality in Ext.R1(i).

2. On 04.11.2020, when this Contempt of Court case

came up for admission, the learned Standing Counsel for the

Municipality sought time to get instructions.

3. The respondent has filed an affidavit dated

02.12.2020. Paragraphs 4 to 9 of the said affidavit read thus:

"4. It is submitted that on receipt of copy of the judgment, a meeting of the Traffic Regulatory Committee was convened on 03.09.2019 and after detailed

Cont. Case (C). No. 1661 of 2020

discussion a decision has been taken in the matter of madalities for implementation of Judgment of this Hon'ble Court. A true copy of the minutes of the meeting held on 03.09.2019 is produced herewith and marked as Annexrue R1(a). Since the minutes dealt in detail of the modalaities, the decision is not elaborated in this affidavit.

5. It is submitted that for implementation of the above decision, the sanction of the Regional Transport Authority is necessary and a letter was addressed on 13.10.2020 to the Regional Transport Authority to accord sanction for implement the decision. A true copy of the letter dated 13.10.2020 is produced herewith and marked as Annexure R1(b).

6. It is submitted that by communication dated 20.10.2020, the fact was intimated to the petitioner by registered post as well. A true copy of the communication dated 20.10.2020 issued by the Municipality is produced herewith and marked as Annexure R1(c). Since the Regional Transport Authority has not issued any communication in the matter, a reminder was sent on 25.11.2020. A true cop of the reminder dated 25.11.2020 is produced herewith and marked as Annexure R1(d).

7. From the above it is clear that the averment that this respondent has not taken any action to implement the judgment is not correct or true.

Cont. Case (C). No. 1661 of 2020

8. It is submitted that this respondent has taken all earnest steps to implement the judgment of this Hon'ble Court. It is submitted that the decision of the Traffic Regulatory Committee can be implemented only if the Regional Transport Authority accord sanction.

9. It is submitted that this respondent has taken all steps in the matter for implement the judgment."

4. Heard the learned counsel for the petitioner and

also the learned Standing Counsel for the respondent.

5. From the affidavit filed by the respondent, who is

the Secretary of Perinthalmanna Municipality, it is seen that

pursuant to the directions contained in Annexure A1

judgment, the Municipal Council of Perinthalmanna

Municipality has taken a decision on 03.09.2019 as evidenced

by Annexure R1(a), which has already been forwarded to the

concerned Regional Transport Authority on 13.10.2020, which

is pending consideration of that authority.

In such circumstances, this Contempt of Court case is