Kerala High Court

T.S Shineson vs Mijoy Michael on 8 July, 2021

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
         THURSDAY, THE 8TH DAY OF JULY 2021 / 17TH ASHADHA, 1943
                         CON.CASE(C) NO. 76 OF 2019


  AGAINST THE JUDGMENT IN WP(C) NO.18966/2018 DATED 17.07.2018 OF HIGH
                              COURT OF KERALA


PETITIONER/PETITIONER:

           T.S SHINESON
           AGED 59 YEARS, S/O. SEKHARAN, RESIDING AT THUNDIYIL HOUSE,
           PUTHUVYPU P.O, ERNAKULAM DISTRICT.
           BY ADVS.
           J.JAYAKUMAR
           SRI.S.SREEKUMAR (SR.)


RESPONDENTS/RESPONDENTS:

     1     MIJOY MICHAEL
           AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
           THE SECRETARY, ELANKUNNAPUZHA GRAMA PANCHAYATH,
           ELANKUNNAPUZHA, PIN 682 503.
     2     KALA BABU
           W/O. BABU, AGE NOT KNOWN TO THE PETITIONER,
           RESIDING AT NIKATHITHARA HOUSE, ELANKUNNAPUZHA P.O.,
           PIN-682 505.
     3     ALICE SEBASTIAN,
           W/O.SEBASTIAN, AGE NOT KNOWN TO THE PETITIONER,
           RESIDING AT KAPPITHANPARAMBIL HOUSE,
           PERUMALPADI, MALIPPURAM P.O., PIN-682 511.
     4     RASIKALA PRIYA RAJ
           W/O. PRIYARAJ, AGE NOT KNOWN TO THE PETITIONER,
           RESIDING AT PAYYAPPILLY HOUSE,
           ELANKUNNAPUZHA P.O., PIN-682 503.
     5     K.K. UNNIKRISHNAN,
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
           RESIDING AT KOTTIKKATHARA HOUSE, ELANKUNNAPUZHA P.O.,
           PIN-682 503, THE PRESIDENT OF ELANKUNNAPUZHA GRAMA
           PANCHAYATH.
     6     MATHEW LINJAN ROY
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
           RESIDING AT MATTUPURATH HOUSE, KARTHEDAM,
           MALIPPURAM P.O., PIN-682 511.
 CON.CASE(C) NO. 76 OF 2019         2

    7     RAZIYA JAMAL,
          W/O.JAMAL, AGE NOT KNOWN TO THE PETITIONER,
          RESIDING AT KASALIPARAMPIL HOUSE, MALIPPURAM P.O.,
          PIN-682 511.
    8     ROSYLIN R.C.
          AGE AND FATHER'S NAME NOT KNOWN TO THE
          PETITIONER,RESIDING AT RAMACHAMVEETTIL,
          OCHANTHURUTH P.O., PIN-682 508.
    9     NIXON I.S.
          S/O. SEBASTIAN,AGE NOT KNOWN TO THE PETITIONER
          RESIDING AT IRUMPANATH HOUSE,
          OCHANTHURUTH P.O., PIN-682 508.
   10     SMT.SOFIA JOY
          W/O. JOY, AGE NOT KNOWN TO THE PETITIONER
          RESIDING AT NEDUMPARAMBIL HOUSE,
          OCHANTHURUTH P.O., PIN-682 508.
   11     SHAJI P.S.
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
          RESIDING AT PUTHUMANASSERY HOUSE,
          OCHANTHURUTH P.O., PIN-682 508.
   12     BINDU VENU
          W/O. VENU, AGE A NOT KNOWN TO THE PETITIONER
          RESIDING AT PUTHUVALSTHALATH HOUSE,
          MURUKKUMPADAM, AZHEEKKAL P.O., PIN-682 508.
   13     KAILASAN T.R.
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
          RESIDING AT THAREPARAMBIL HOUSE,
          KALAMUKKU, AZHEEKKAL P.O., PIN-682 508.
   14     SHEEJA REJU
          W/O. REJU, AGE NOT KNOWN TO THE PETITIONER,
          KALATHIPARAMBIL HOUSE, PUTHUVYPU P.O.,
          PIN-682 508.
   15     NALINI SUGATHAN
          W/O. SUGATHAN, AGE NOT KNOWN TO THE PETITIONER,
          RESIDING AT MATTAPPILLY HOUSE,
          PUTHUVYPU P.O., PIN-682 508.
   16     SINILA PRAVEEN
          W/O. PRAVEEN, AGE NOT KNOWN TO THE PETITIONER,
          RESIDING AT PUTHANPARAMBIL HOUSE,
          PUTHUVYPU P.O., PIN-682 508.
   17     GIRIJA ASOKAN
          W/O. ASOKAN, AGE NOT KNOWN TO THE PETITIONER,
          RESIDING AT VELIYAKATH HOUSE, PUTHUVYPU P.O.,
          PIN-682 508.
   18     BERNARD BENNY
          AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
          RESIDING AT ATTIPETTY HOUSE, OCHANTHURUTH P.O.,
 CON.CASE(C) NO. 76 OF 2019         3

          PIN-682 508.
   19     SAMPATH KUMAR
          S/O. V.K. KRISHNAN, AGE NOT KNOWN TO THE
          PETITIONER,
          RESIDING AT VATTATHARA HOUSE, VALAPPU,
          MALIPPURAM P.O., PIN-682 511.

          R2 TO R19 IMPLEADED VIDE ORDER DATED 03/04/2019 IN
          IA.3/2019.
          BY ADVS.
          SRI.GEORGE POONTHOTTAM (SR.)
          SRI.T.N.SURESH
          SRI.T.A.SHAJI (SR.)
          SRI.K.V.SABU
          SRI.P.M.BENZIR
          SRI.V.S.ANU MON
          SRI.ATHUL SHAJI
          SMT.DHANUJA VETTATHU



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.07.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO. 76 OF 2019                   4

                   ALEXANDER THOMAS, J.
            -----------------------------------------------------
                Contempt of Court Case No.76 of 2019
                 [arising out of judgment dated 17.07.2018
                        in W.P.(C) No.18966/2018]
                 --------------------------------------------
                    Dated this the 08th day of July, 2021


                              JUDGMENT

The above contempt case has been filed alleging non-

compliance of the directions and orders passed by this Court in

Anx.A1 judgment dated 17.07.2018, rendered by this Court in

W.P.(C) No.18966/2018, filed by the petitioner herein.

2. Today when the matter has been taken up for

consideration Sri.J.Jayakumar, the learned counsel appearing

for the petitioner, would submit that since the directions in the

judgments in the above W.P.(C) has already been complied with,

the petitioner is not pressing the contempt case any longer.

Recording the abovesaid submission of the petitioner, the

above contempt of court case (civil) will stand disposed of as not

pressed.

Sd/-

ALEXANDER THOMAS, JUDGE Skk//26062021

APPENDIX OF CON.CASE(C) 76/2019

PETITIONER ANNEXURE ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT IN W.P(C) NO. 18966/2018 DATED 17/07/2018.

Annexure A2 TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE RESPONDENT DATED 2/8/2018 EVIDENCING THE RECEIPT OF THE JUDGMENT Annexure A3 TRUE COPY OF THE NOTICE DATED 26/11/2018 ISSUED BY THE RESPONDENT Annexure A4 TRUE COPY OF THE LETTER BY THE RESPONDENT DATED 22/12/2018. Annexure A4(A) TRUE COPY OF THE REPORT SUBMITTED BY THE TALUK SURVEYOR, KOCHI TALUK DATED 7/12/2018 Annexure A4(B) TRUE COPY OF THE SKETCH SUBMITTED BY THE TALUK SURVEYOR, KOCHI TALUK DATED 7/12/2018.

Annexure A5 TRUE COPY OF THE ORDER DATED 22/12/2018 ISSUED BY THE RESPONDENT. Annexure A6 TRUE COPY OF THE JUDGMENT DATED 28/01/2019IN WPC NO.1657/2019 OF THIS HONOURABLE COURT.

Annexure A7 TRUE COPY OF THE JUDGMENT DATED 06/02/2019 IN WA NO.267/2019 OF THIS HONOURABLE COURT.

Annexure A8 TRUE COPY OF THE LETTER DATED 10/02/2019 ISSUED BY THE VICAR, ST.SEBASTIAN'S CHURCH, PUTHUVYPU. Annexure A9 TRUE COPY OF THE PHOTOGRAPHS SHOWING DEMOLITION OF A PORTION OF COMPOUND WALL WITHOUT REMOVING THE BASEMENT. Annexure A10 TRUE COPY OF THE MINUTES OF THE EXTRA ORDINARY MEETING DATED 13/03/2019, SIGNED BY THE SECRETARY OF PANCHAYAT. RESPONDENT ANNEXURE Annexure R1(A) PHOTOCOPY OF THE LETTER DATED 06/02/2012 ISSUED BY THE PANCHAYAT SECRETARY ADDRESSED TO THE ADDITIONAL

TAHSILDAR, KOCHI.

Annexure R1(B) PHOTOCOPY OF THE LETTER A2/498/16 DATED 14/01/2016 ISSUED BY THE PANCHAYAT SECRETARY ADDRESS TO THE TALUK SURVEYOR, KOCHI.

Annexure R1(C) PHOTOCOPY OF THE LETTER NO.A2/498/16 DATED 27/07/2016 ISSUED BY THE PANCHAYAT SECRETARY ADDRESSED TO THE ADDITIONAL TAHSILDAR, KOCHI. Annexure R1(D) PHOTOCOPY OF THE LETTER NO.

L.DIS./86125/16/L3 DATED 09/01/2007 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM.

Annexure R1(E) PHOTOCOPY OF THE LETTER NO.A2/724/17 DATED 23/01/2017 BY THE PANCHAYAT SECRETARY ADDRESSED TO THE DISTRICT COLLECTOR, ERNAKULAM.

Annexure R1(F) PHOTOCOPY OF THE REPORT DATED 15/02/2017 SUBMITTED BY THE PANCHAYAT SECRETARY BEFORE THE HONOURABLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS.

Annexure R1(G) PHOTOCOPY OF THE ORDER DATED 16/02/2017 ISSUED BY THE HONOURABLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS IN CMP 230/2016 IN OP 1633/2009.

Annexure R1(H) PHOTOCOPY OF THE LETTER NO.

DCEKM/9168/2017-L3 DATED 10/04/2017 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM.

Annexure R1(I) PHOTOCOPY OF THE LETTER NO.A11/1674/18 DATED 04/08/2018 ISSUED BY THE RESPONDENT ADDRESSED TO THE TAHSILDAR, KOCHI.

Annexure R1(J) PHOTOCOPY OF THE LETTER NO.A11/1674/18 DATED 04/08/2018 ISSUED BY THE RESPONDENT ADDRESSED TO THE VILLAGE OFFICER, PUTHUVYPU. Annexure R1(K) PHOTOCOPY OF THE REPORT DATED 29/09/2018 SUBMITTED BY THE RESPONDENT BEFORE THE DISTRICT COLLECTOR, ERNAKULAM.

Annexure R1(L) PHOTOCOPY OF THE LETTER

NO.A11/1674/18 DATED 29/09/2018 ISSUED BY THE RESPONDENT ADDRESSED TO THE TAHSILDAR, KOCHI.

Annexure R1(M) PHOTOCOPY OF THE LETTER NO.A11/1674/18 DATED 29/09/2018 ISSUED BY THE RESPONDENT ADDRESSED TO THE VILLAGE OFFICER, PUTHUVYPU. Annexure R1(N) PHOTOCOPY OF THE LETTER NO.A11/1674/18 DATED 08/11/2018 ISSUED BY THE RESPONDENT ADDRESSED TO THE TAHSILDAR, KOCHI.

Annexure R1(O) PHOTOCOPY OF THE LETTER NO.L3-9168/17 DATED 22/11/2018 ISSUED BY THE DISTRICT COLLECTOR, ERNAKULAM. Annexure R1(P) PHOTOCOPY OF THE LETTER NO. S2-908/17 DATED 26/11/2018 ISSUED BY THE TAHSILDAR, KOCHI.

Annexure R1(Q) PHOTOCOPY OF THE LETTER NO.A11/1674/18 DATED 12/12/2018 BY THE RESPONDENT ADDRESSED TO THE DISTRICT COLLECTOR, ERNAKULAM. Annexure R1(R) PHOTOCOPY OF THE LETTER NO.S2-

908/17/K.DIS. DATED 15/12/2018 ISSUED BY THE TAHSILDAR, KOCHIL Annexure R1(S) PHOTOCOPY OF THE LETTER NO.A11/1674/18 DATED 18/12/2018 ISSUED BY THE RESPONDENT.

Annexure R1(T) PHOTOCOPY OF OBJECTION DATED 10/01/2019 SUBMITTED BY THE VICAR, ST. SEBASTIAN'S CHURCH, PUTHUVYPU. Annexure R1(U) PHOTOCOPY OF THE DECISION NO. 9(1) OF THE ELANKUNNAPUZHA GRAMA PANCHAYAT COMMITTEE IN ITS MEETING HELD ON 22/01/2019.

Annexure R1(V) PHOTOCOPY OF THE ORDER OF THIS HON'BLE COURT DATED 21/01/2019 IN WPC NO.1657/2019(F) Annexure R1(W) PHOTOCOPY OF THE JUDGMENT DATED 28/01/2019 IN WPC NO.1657/2019 BY THIS HONOURABLE COURT.

Annexure R1(X) PHOTOCOPY OF NOTICE NO. A11/1674/18 DATED 01/02/2019 ISSUED BY THE RESPONDENT.

Annexure R1(Y) PHOTOCOPY OF JUDGMENT DATED 28/01/2019 BY THE DIVISION BENCH OF THE HONOURABLE COURT IN WA NO.267/2019.

Annexure R1(Z) PHOTOCOPY OF NOTICE NO.A11/1674/18 DATED 13/02/2019 ISSUED BY THE RESPONDENT.

Annexure R1(AA) PHOTOCOPY OF THE REQUEST DATED 18/02/2019 SUBMITTED BY ST. SEBASTIAN CHURCH BEFORE THE PANCHAYAT. Annexure R1(AB) PHOTOCOPY OF THE LETTER NO.

A11/1674/18 DATED 02/03/2019 ISSUED BY THE RESPONDENT ADDRESSED TO THE DISTRICT COLLECTOR, ERNAKULAM. Annexure R1(AC) PHOTOCOPY OF THE LETTER NO.

A11/1674/18 DATED 11/03/2019 ISSUED BY THE RESPONDENT ADDRESSED TO THE CIRCLE INSPECTOR OF POLICE, NJARACKAL.

Annexure R1(AD) PHOTOCOPY OF THE DECISION NO.2(1) OF THE ELANKUNNAUZHA GRAMA PANCHAYAT COMMITTEE IN ITS MEETING HELD ON 13/03/2019.

Annexure R1(AE) PHOTOCOPY OF THE JUDGMENT DATED 20/11/2019 IN WA NO. 954/2019. Annexure R1(AF) PHOTOCOPY OF THE RESOLUTION NO.1(1) DATED 05/12/2019 BY THE ELANKUNNAPUZHA GRAMA PANCHAYAT COMMITTEE.

Annexure R1(AG) PHOTOCOPY OF THE PROCEEDINGS NO.A11-

1674/2018 DATED 26/12/2019 BY THE PETITIONER/1ST RESPONDENT. Annexure R1(AH) PHOTOCOPY OF THE LETTER NO. A11-