For Information Purpose Only vs By Advocate Sri. Sabu ...
2021 Latest Caselaw 9364 Ker

Con.Case(C) 1471/2020                       1/2



                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         Present:

                        THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

                   Friday,the 19th day of March 2021/28th Phalguna, 1942

               Contempt Case(C) No.1471/2020 (S) in WP(C) No.27050/2016


            For information purpose only
PETITIONER/PETITIONER NO.1
      M.A.JOSEPH,S/O.ANTONY,AGED 73 YEARS,
      MALIAKKAL HOUSE,ELAMKULAM,DESOM,JANATHA ROAD,
      VYTILLA. P.O,COCHIN-682 019.

         BY ADVOCATE 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-682 011.

         ADVOCATE SRI.SOBHAN GEORGE FOR RESPONDENT


            This Contempt of Court Case(Civil) having come up for orders on

19/03/2021, the Court on the same day passed the following:
                                                                           P.T.O.
 Con.Case(C) 1471/2020                   2/2



                                    O R D E R

The judgment under contempt is dated 21/05/2019. 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 19/07/2012. It was not paid. Accordingly, the For information purpose only contempt petition was filed before this Court on 28/09/2020. Sufficient opportunities were given, however, the amounts were not paid and finally the Court passed an order on 12/03/2021, 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 take 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 15/05/2021.

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 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 15/03/2021 on or before 25/03/2021, if not paid, the Secretary shall be present before this Court on 26/03/2021.

19-03-2021 Sd/-

SHAJI P.CHALY,JUDGE

/true copy/ Sd/-

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