Sujaludheen vs Babu Kurup
2021 Latest Caselaw 9909 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

            THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

          Con.Case(C).No.257 OF 2021 IN WP(C). 26237/2020

AGAINST THE ORDER IN WP(C) 26237/2020(D) OF HIGH COURT OF KERALA


PETITIONER/PETITIONER IN WP(C):

             SUJALUDHEEN
             AGED 53 YEARS
             S/O. BADARUDHEEN, SULFI MANZIL,
             PADINJATTINKARA, KOTTARAKKARA P.O,
             KOTTARAKKARA VILLAGE, KOLLAM DISTRICT 691 506

             BY ADV. SHRI.A.SANIL KUMAR

RESPONDENTS/RESPONDENTS NOS.3 & 4 IN WP(C):

      1      BABU KURUP
             (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
             STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION,
             KOTTARAKKARA, KOLLAM DISTRICT 691 506

      2      VEENA
             (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
             GEOLOGIST IN CHARGE, MINING AND GEOLOGY DEPARTMENT,
             DISTRICT OFFICE, KOLLAM DISTRICT 691 008

             BY SRI.SUNIL NATH N.B., GOVERNMENT PLEADER

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.257 OF 2021 IN WP(C). 26237/2020

                                        2



                                JUDGMENT

The petitioner has filed this contempt case alleging non-

compliance of Annexure-A1 order of this Court dated 21.01.2021 in

W.P.(C).No.26237 of 2020. The said order reads thus:

"The learned Government Pleader, on instructions, would submit that vehicle bearing registration No.KL-24/L-5276 owned by the petitioner has been detained for transportation of ordinary earth in violation of condition No.6 of Ext.P2 permit. The petitioner can certainly approach the statutory authority for release of that vehicle.

2. The learned Government Pleader would submit that statement of the 3rd respondent shall be placed on record by 28.01.2021."

2. Heard the learned counsel for the petitioner and also the

learned Government Pleader for the respondents.

3. As can be seen from Annexure-A1 order, when W.P.

(C).No.26237 of 2020 came up for admission 21.01.2021, the

learned Government Pleader, on instructions, submitted that

vehicle bearing registration No.KL-24/L-5276 owned by the

petitioner has been detained for transportation of ordinary earth in

violation of condition No.6 of Ext.P2 permit. The petitioner can

certainly approach the statutory authority for release of that Con.Case(C).No.257 OF 2021 IN WP(C). 26237/2020

vehicle.

4. Thereafter, it was noticed that though the statement

made in Ground E of the writ petition is to the effect that the

vehicle is owned by the petitioner, he is not the registered owner of

the vehicle. The registered owner was later impleaded as additional

6th respondent in the writ petition.

5. On 18.02.2021, when this contempt case along with

connected writ petition came up for consideration, this Court has

made it clear that the pendency of the writ petition will not stand in

the way of the additional 6th respondent approaching the statutory

authority for release of the vehicle covered by Ext.P5 certificate of

registration and that authority considering such an application,

strictly in accordance with law.

6. Today, when this contempt case is taken up for

consideration along with the connected writ petition, the learned

Government Pleader, on instructions, would submit that though the

registered owner of the vehicle has approached the 2 nd respondent

District Geologist, he was not prepared to compound offence by

remitting the fine amount.

In such circumstances, this Court finds no reason to proceed Con.Case(C).No.257 OF 2021 IN WP(C). 26237/2020

with this contempt case and the same is accordingly closed.

Sd/-

                                      ANIL K.NARENDRAN
JV                                           JUDGE

Con.Case(C).No.257 OF 2021 IN WP(C). 26237/2020

APPENDIX OF Con.Case(C) 257/2021 PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE ORDER DATED 21-1-2021 IN W.P(C) NO. 26237/2020

ANNEXURE A2 TRUE COPY OF THE REPRESENTATION DATED 22-

1-2021, SUBMITTED BEFORE THE 1ST RESPONDENT

ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED 25-

01-2021, SUBMITTED BEFORE THE 2ND RESPONDENT.