M.M.Joseph vs Dr.Venu
2021 Latest Caselaw 13636 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                         CON.CASE(C) NO. 461 OF 2021
   AGAINST THE JUDGMENT IN WP(C).NO.12073/2020 OF HIGH COURT OF KERALA


PETITIONER:

              M.M.JOSEPH, MENACHERIL HOUSE, BOOTHATHANKETTU P.O,
              PINDIMANA, KOTHAMANGALAM, ERNAKULAM.

              BY ADVS. M/S. PHILIP J.VETTICKATTU & SMT.SAJITHA GEORGE



RESPONDENT:

              DR.VENU,
              THE MEMBER SECRETARY, STATE ENVIRONMENT IMPACT ASSESSMENT
              AUTHORITY, DIRECTORATE OF ENVIRONMENT AND CLIMATE CHANGE,
              KSRTC BUS TERMINAL COMPLEX, 4TH FLOOR, THAMPANOOR,
              THIRUVANANTHAPURAM, PIN-695 001

              SRI. M.P.SREEKRISHNAN,STANDING COUNSEL




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                        ALEXANDER THOMAS, J.
            ------------------------------------------------------
                     Cont. Case (C) No. 461 of 2021
                                      in
                        WP(C) No. 12073 of 2020
            ------------------------------------------------------
                   Dated this the 1st day of July, 2021

                            JUDGMENT

The above Contempt of Court case has been filed alleging

non compliance of the directions and orders passed by this Court as

per Anx.A2 judgment dated 19.6.2020 in WP(C).No.12073/2020.

2. Today when the matter has been taken up for

consideration, it is brought to the notice of this Court that

subsequently, the respondent has passed proceedings dated

29.4.2021 whereby the claim of the petitioner for deemed grant has

been considered and rejected, and it has also been ordered therein

that the plea of the petitioner will have to be considered on the basis

of re-appraisal of the project.

3. It is also brought to the notice of this Court by the

learned counsel appearing for the petitioner that, the petitioner on

being aggrieved by the said proceedings dated 29.4.2021 has already

filed a writ petition before this Court as WP(C) No.12031/2021 to

challenge the same, and that liberty may be accorded to the

petitioner to pursue his contentions in the said writ proceedings. Cont. Case (C) No. 461 of 2021

..3..

Recording the abovesaid submissions and with the said

liberty to the petitioner, the above Contempt of Court case will stand

disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

MMG Cont. Case (C) No. 461 of 2021

..4..

APPENDIX OF CON.CASE(C).NO. 461/2021

PETITIONER'S ANNEXURE

ANNEXURE A1 TRUE COPY OF THE REPRESENTATION DATED 5.5.2020.

ANNEXURE A2 TRUE COPY OF THE JUDGMENT IN W.P.C NO.

12073/2020 DATED 19.06.2020.

ANNEXURE A3 TRUE COPY OF THE ENLARGEMENT PETITION BEARING NO.2/2020 IN W.P.C NO.

12073/2020.

ANNEXURE A4 TRUE COPY OF THE ORDER IN ENLARGEMENT PETITION HAVING NO. 2/2020 IN W.P.C NO. 12073/2020 DATED 2.12.2020.

ANNEXURE A5 TRUE COPY OF THE ORDER IN COC NO.

1543/2020 DATED 2.12.2020.

ANNEXURE A6 TRUE COPY OF THE COMMUNICATION DATED 22.1.2021.

ANNEXURE A7 TRUE COPY OF THE REPRESENTATION DATED 27.1.2021.

ANNEXURE A8 TRUE COPY OF THE TRACK RECEIPT DOWNLOADED FROM THE WEB SITE OF THE POSTAL DEPARTMENT.