M.A.Joseph vs Vinayan K.P
2021 Latest Caselaw 10403 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

         Con.Case(C).No.1471 OF 2020 IN WP(C). 27050/2016

   AGAINST THE JUDGMENT IN WP(C) 27050/2016(E) OF HIGH COURT OF
                              KERALA


PETITIONER/PETITIONER NO.1:

             M.A.JOSEPH
             AGED 73 YEARS
             S/O.ANTONY,MALIAKKAL HOUSE,
             ELAMKULAMDESOM,JANATHA ROAD,
             VYTILLA.P.O,COCHIN-682019.

             BY ADV. SRI.SABU S.KALLARAMOOLA

RESPONDENT/RESPONDENT NO.1:

             VINAYAN K.P
             (AGED 50 YEARS),S/O.P.V.NARAYANAN),
             REGIONAL JOINT DIRECTOR,URBAN AFFAIRS DEPARTMENT,NOW
             HOLDING ADDITIONAL CHARGE AS THE SECRETARY OF
             CORPORATION OF COCHIN,COCHIN-682011.




             BY ADV. SRI.SOBHAN GEORGE

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Con.Case(C).No.1471 OF 2020                  2

 IN WP(C). 27050/2016




                                  JUDGMENT

Dated this the 26th day of March 2021

This contempt petition is filed by the petitioner complaining that the

directives contained in the judgment dated 21.5.2019 in W.P.(C) No.27050/2016

are not complied with.

2. Having been dissatisfied with the steps taken by the respondent on 19 th

March, 2021, the following order was passed:

"The judgment under contempt is dated 21.5.2019. Directions were issued to pay interest, after finding that the amounts due to the petitioner on account of sale deed executed in favour of the Corporation was paid with a delay of 27 months. Therefore, direction was issued to pay interest @ 12% from 19.7.2012. It was not paid. Accordingly, the contempt petition was filed before this Court on 28.9.2020. Sufficient opportunities were given, however, the amounts were not paid and finally this Court passed an order on 12.3.2021, directing the Secretary of the Corporation to file affidavit before this Court.

Even though on the previous posting, directions were issued to file affidavit or to be present before this Court. Today when the matter is taken up, an affidavit is filed by the Secretary of the Corporation, stating that amount calculated is Rs.5,44,086/- and it will be disbursed on or before 15.5.2021.

In my considered opinion, the affidavit submitted by the Secretary before this Court is not satisfactory and the time sought for cannot be sustained, in view of the peremptory directions contained in the judgment and subsequent opportunities given to the respondent to comply with the

IN WP(C). 27050/2016

directions contained in the judgment.

Therefore, there will be a direction to the respondent to pay the amount quantified and as specified in the affidavit dated 15.3.2021 on or before 25.3.2021, if not paid, the Secretary shall be present before this Court on 26.3.2021."

3. Today when the matter is taken up, learned counsel for petitioner

submitted that in accordance with the observations and directions contained as

extracted above, the amount is received. Therefore, I do not find any reason to

pursue the contempt petition any further and it is closed accordingly.

Sd/-

                                                    SHAJI P.CHALY

smv                                                      JUDGE


 IN WP(C). 27050/2016



                              APPENDIX
PETITIONER'S EXHIBITS:

ANNEXURE A               CERTIFIED COPY OF JUDGEMENT DATED
                         21.05.2019 IN W.P.(C)NO.27050/2016.