O.V.Jayaram vs A.S.Anuja
2021 Latest Caselaw 22714 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
         Friday, the 19th day of November 2021 / 28th Karthika, 1943
          CONTEMPT CASE(C) NO. 2278 OF 2018(S) IN WP(C) 18045/2015
PETITIONER:

      O.V. JAYARAM, S/O.VISWANATHAN, AGED 68 YEARS,
      RESIDING AT OSHYANAS, PALLURUTHY VILLAGE,
      PALLURUTHY SOUTH, KOCHI.

     BY ADVS.A.BALAGOPALAN, M.N.MANMADAN, M.S.IMTHIYAZ AHAMMED, P.SEENA.
RESPONDENTS:

1.     A.S. ANUJA, SECRETARY, CORPORATION OF KOCHI,

       OFFICE OF THE CORPORATION OF KOCHI, PARK AVENUE ROAD,

       ERNAKULAM, PIN-682 011.

       ADDL. R2 IMPLEADED

2.     MR.A.CHANDRAN NAIR, SECRETARY IN-CHARGE,

       CORPORATION OF KOCHI, PARK AVENUE ROAD,

       ERNAKULAM, PIN-682 011.

       ADDL. R2 IMPLEADED AS PER ORDER DATED 12/01/2021 IN IA.1/2021.

     BY ADVS. SRI.PRAVEEN K. JOY & SRI.K.B.ARUNKUMAR.


     This Contempt of court case (civil) having come up for orders on
19.11.2021, the court on the same day passed the following:

                                                        P.T.O.
                           SHAJI P. CHALY, J.
        ---------------------------------------------------------
                       I.A. Nos. 2 & 3 of 2021
                                   in
                     C.O.(C) No. 2278 of 2018
                                   in
                       W.P.(C) No. 18045 of 2015
          ---------------------------------------------------------
           Dated this the 19th day of November, 2021.

                           ORDER

I.A. No. 2 of 2021

This application is filed by the contempt petitioner seeking to re-

open the contempt case, which was closed as per the judgment dated

26th February, 2021 granting liberty to the contempt petitioner to re-

open the contempt proceedings, if situation warranted.

2. I have gone through the affidavit filed along with the I.A and

I am satisfied that sufficient reasons are assigned to reopen the

contempt proceedings. This I say because as per the directions

contained in the judgment in question, proceedings were initiated

under Section 67 of the Kerala Town and Country Planning Act, 2016.

However, the proceedings did not culminate in a logical conclusion as

per Section 67 of the Act, 2016. However, the Secretary of the

Municipal Corporation has stayed the building permit issued to the

contempt petitioner.

3. Accordingly, this I.A. is allowed.

I.A. No. 3 of 2021

4. This is an application to accept additional documents. Heard.

Allowed.

C.O.(C) No. 2278 of 2018

5. The learned counsel for the respondent seeks time to get

instructions. There will be a direction to the respondent to ensure that

the judgment of this Court is complied with in its letter and spirit, since

they themselves have failed to acquire the land in contemplation of

Section 67 of the Act, 2016. No further adjournment will be granted

for this matter.

6. Post the matter on 26.11.2021.

However, I make it clear that if appropriate action is not taken,

proceeding under the Contempt of Courts Act, 1971 will be initiated.

sd/- SHAJI P. CHALY, JUDGE.

Rv

19-11-2021 /True Copy/ Assistant Registrar