Jyothilakshmi M.T vs Sri. Subash
2021 Latest Caselaw 900 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE N.NAGARESH

      MONDAY, THE 11TH DAY OF JANUARY 2021/21TH POUSHA, 1942

          Con.Case(C).No.1906 OF 2020 IN WP(C)No.11799/2020

 AGAINST THE JUDGMENT DATED 25/08/2020 IN WP(C) 11799/2020(Y) OF
                      HIGH COURT OF KERALA


PETITIONER:

               JYOTHILAKSHMI M.T.,
               AGED 45 YEARS,
               W/O. V.P. MOHANAN,
               VALIYAPURAYIL, PAZHASSI,
               KUTTIYATTOOR VILLAGE,
               PAVANNURMATTA P.O.,
               KANNUR DISTRICT-670602.

               BY ADV. SRI.K.MOHANAKANNAN

RESPONDENTS:

      1        SRI. SUBASH, IAS,
               (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),
               DISTRICT COLLECTOR,
               CIVIL STATION, KANNUR-670001.

      2        AJITH RAMACHANDRAN,
               (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),
               CHIEF ENGINEER, PWD (ROADS),
               LMS VELLAYAMBALAM ROAD,
               UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
               PALAYAM, THIRUVANANTHAPURAM-695001.

      3        M. JAGADHISH,
               (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),
               THE EXECUTIVE ENGINEER,
               PWD DIVISION, KANNUR-670001.

               R1-3 BY GOVERNMENT PLEADER SRI. K.V.MANOJKUMAR

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C)No.1906/2020

                                       2




                                JUDGMENT

Dated this the 11th day of January, 2021

As per judgment dated 25.08.2020 in WP(C)No.11799/

2020, this Court passed an order to the following effects:

"In the facts of the case, the writ petition is disposed of directing the 4th respondent to submit a report to the 2 nd respondent based on Ext.P11. On receipt of such report from 4th respondent, the 2nd respondent shall pass appropriate orders on the request made by the 6th respondent for issuance of NOC. The 4th respondent shall forwarded the report to the 2 nd respondent within two weeks. The 2nd respondent shall take a final decision, within four weeks thereafter."

2. The learned counsel for the contempt petitioner

submitted that 4th respondent instead of forwarding the

report to the 2nd respondent has sent it to the Chief Engineer,

who in turn issued Annexure A7 returning the report and

directing the Executive Engineer to issue NOC for petroleum

outlets based on the guidelines issued on 16.10.2020.

According to the contempt petitioner, when the direction to

the 4th respondent was to forward the report to the 2 nd

respondent, issuance of Annexure A7 and consequential Con.Case(C)No.1906/2020

order, amounts to Contempt of Court.

3. The statement filed by the Government Pleader

would show that the District Magistrate has passed

Annexure-1 order dated 11.12.2020 pursuant to the

directions of this Court. The said order dated 11.12.2020

would show that the District Magistrate has considered the

report drawn by the Executive Engineer pursuant to the

order of this Court delivered on 25.08.2020 and thereafter

passed Annexure-1.

In the circumstances, this Court finds that the

directions contained in the judgment in

WP(C)No.11799/2020 are substantially complied with.

Accordingly, this Contempt of Court case is closed. It will be

open to the petitioner to challenge Annexure-1 order dated

11.12.2020 of the District Magistrate through appropriate

proceedings, if he is so adviced.

Sd/-

N. NAGARESH JUDGE SR Con.Case(C)No.1906/2020

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 CERTIFIED COPY OF THE COPY OF THE JUDGMENT IN WPC NO.11799/2020 DATED 25/08/2020.

ANNEXURE A2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH ENDORSEMENT DATED 03/09/2020.

ANNEXURE A3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, PWD ROAD, THALIPARAMBA DATED 06/02/2020.

ANNEXURE A4 TRUE COPY OF THE COMMUNICATION SENT BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT DATED 14/09/2020.

ANNEXURE A5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15/09/2020.

ANNEXURE A6 TRUE COPY OF THE COMMUNICATION SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 05/10/2020.

ANNEXURE A7 TRUE COPY OF THE COMMUNICATION SENT BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT DATED 11/11/2020.