Najeeb Hassan vs Smt.Suprabha
2021 Latest Caselaw 714 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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

         Con.Case(C).No.1886 OF 2020 IN WP(C). 34623/2019

   AGAINST THE JUDGMENT IN WP(C) 34623/2019(C) OF HIGH COURT OF
                              KERALA


PETITIONER/PETITIONER:

             NAJEEB HASSAN
             S/O.KUNJIMARAKKAR HAJI,NAMBRATH
             HOUSE,VALANCHERRY.P.O,
             MALAPPURAM-676552.

             BY ADVS.
             SRI.PAUL JACOB (P)
             SRI.S.SREEDEV
             SRI.RONY JOSE

RESPONDENTS/RESPONDENTS:

             SMT.SUPRABHA
             AGE NOT KNOWN TO THE PETITIONER,
             W/O.SRI.MANOJ,SECRETARY,MUTHUTHALA GRAMA
             PANCHAYAT,KOZHIKKOTTIRI.P.O,PALAKKAD-679303.

              BY ADV. SRI.SANTHEEP ANKARATH

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Con.Case(C).No.1886 OF 2020 IN WP(C). 34623/2019

                                      2




                               JUDGMENT

Dated this the 13th day of January 2021

Direction in the judgment has been complied with by issuing

licence. However, the learned counsel for the petitioner points out that

the licence was issued as though mines had already been quarried.

The petitioner, based on the licence, intends to apply for quarrying

lease. The licence is required only for quarrying lease. So, on

whatever be the basis for issuance of licence, it can only be construed

to enable the petitioner to apply for quarrying lease. If the quarrying

lease is granted, the petitioner can very well use the licence for

operation permitted in quarrying lease for the tenure for which it was

granted.

The contempt case is closed.

Sd/-

                                           A.MUHAMED MUSTAQUE
SAS/13/01/2021                                       JUDGE

Con.Case(C).No.1886 OF 2020 IN WP(C). 34623/2019

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 21.10.2020 IN W.P(C)NO.34623/2019 ONTHE FILES OF THE LEARNED SINGLE JUDGE OF THIS HONOURABLE COURT.

ANNEXURE A2 A TRUE COPY OF THE LETTER DATED 27.10.2020 SUBMITTED BY THE PETITIONER BEFORE THE CONTEMNOR ALONG WITH ANN.A1.

ANNEXURE A2(A) A TRUE COPY OF THE FOREMAN'S CERTIFICATE NUMBERES AS FR/4630 AND DATED 06.01.2016

ANNEXURE A2(B) A TRUE COPY OF THE AGREEMENT DATED 21.10.2020 BETWEEN THE FOREMAN AND PETITIONER.

RESPONDENT'S EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE