Citation : 2021 Latest Caselaw 14687 Ker
Judgement Date : 14 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
CON.CASE(C) NO. 734 OF 2021
AGAINST THE ORDER IN WP(C) 27474/2020 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
SALIM, AGED 54 YEARS, S/O. ABDUL AZIZ, DARUL AJMAL (SALIM
MANZIL), KUNNIKKODU P.O, VILAKKUDY, PATHANAPURAM TALUK,
KOLLAM 691 508
BY ADVS.
K.C.SANTHOSHKUMAR
SMT.K.K.CHANDRALEKHA
RESPONDENT/RESPONDENT NO.3:
JOY MOHAN WILFRED, AGED 48 YEARS, S/O. WILFRED, SECRETARY,
VILAKKUDI GRAMA PANCHAYATH, KUNNIKKODE, KOLLAM DISTRICT 691
508
BY ADV M.R.SASITH
OTHER PRESENT:
SRGP S GOPINATHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 734 OF 2021
JUDGMENT
DATED THIS THE 14TH DAY OF JULY 2021
This contempt case arises from the interim order passed by
this Court in W.P.(C).No.27474/2020 on 9/12/2020 which reads as
follows:
"There shall be an interim direction to the respondents to take up
Exhibit P8 application for D & O Licence and pass orders thereon
within a week."
As seen from Annexure R1(b), this was considered and the petitioner
was directed to produce the consent from the owner. The question
whether the consent from the owner is required or not can be
agitated in the writ petition itself. It may not be proper for
this Court to deal with such issue in this contempt case. With
liberty to the petitioner to agitate all these matters in the writ
petition itself, the contempt case is closed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ms APPENDIX OF CON.CASE(C) 734/2021
PETITIONER ANNEXURE ANNEXURE A THE CERTIFIED COPY OF THE INTERIM ORDER DATED 09-
12-2020 IN WP(C) NO. 27474/2020 PASSED BY THIS HONOURABLE COURT.
ANNEXURE B TRUE COPY OF THE INTIMATION DATED 22-01-2021 ISSUED BY THE RESPONDENT ANNEXURE C TRUE COPY OF THE OWNEERSHIP CERTIFICATE DATED 05-
02-2021 ISSUED IN FAVOUR OF THE PETITIONER. ANNEXURE D TRUE COPY OF THE ACKNOWLEDGEMENT DATED 06-02-2021 ISSUED BY THE RESPONDENT EVIDENCING THE RECEIPT OF EXT.P11 OWNERSHIP CERTFICATE.
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