Kerala High Court
Vinodkumar vs Solly Antony on 5 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 5th day of October 2021 / 13th Aswina, 1943
CONTEMPT CASE(C) NO. 1380 OF 2021(S) IN WA 1442/2019
PETITIONER:
VINOD KUMAR, S/O.LATE CHANDRASEKHARAN PILLAI, AGED 54,
CHANDRA VILLA, VANIYAKKADU, MANNAM P.O, NORTH PARAVOOR-683 520,
ERNAKULAM DISTRICT.
BY ADVS. M/S. K.G.BALASUBRAMANIAN, AMBILY (PREMKUMAR).
RESPONDENT:
1. SOLLY ANTONY, SPECIAL DEPUTY COLLECTOR, SLAO & COMPETENT AUTHORITY,
NHDP, THRISSUR- 680 020.
ADDL. R2 IMPLEADED
2. THE PROJECT DIRECTOR,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
PALAKKAD.
ADDL. R2 IMPLEADED AS PER ORDER DATED 05.10.2021 IN COC.1380/2021.
GOVERNMENT PLEADER FOR R1
ADVS. SRI.MAULIKNANAVATHY & SRI.ANIL SEBASTIAN FOR ADDL. R2.
This Contempt of court case (civil) having come up for orders on
05.10.2021, the court on the same day passed the following:
P.T.O.
S. MANIKUMAR, CJ& SHAJI P. CHALY, J
-------------------------------------------------------
C.O.(C) No.1380 of 2021
---------------------------------------------------------
Dated this the 5th day of October, 2021
ORDER
S. Manikumar, CJ
Contending inter alia that the judgment in Writ Appeal No.1442 of
2019 dated 18.2.2020 has not been implemented in its letter and spirit,
instant contempt petition is filed.
2. On 9th September, 2021, we ordered thus:
"
ORDER
On the basis of proceedings of the Special Deputy
Collector, SLAO & Competent Authority, NHDP, Thrissur, Mr. K.P.
Harish, learned Senior Government Pleader submitted that as
per the directions of this Court, in W.A. No1442 of 2019 dated
18.2.2020, amount to be paid towards solatium and interest
has been worked out and accordingly orders issued.
2. He further submitted that the said proceedings dated
2.9.2021 will be communicated to the National Highway
Authority of India for effecting payment. He further added that
the amount is to be sanctioned by the NHAI and payment to
be made. Thus there is compliance of judgment in W.A. No.
1442 of 2019.
3. However, Mr. K.G.Balasubramanian, learned counsel
for the petitioner submitted that he has not received the
proceedings dated 2.9.2021.
Post on 13.9.2021."
3. Special Government Pleader has filed a memo dated 7 th September,
2021 stating that orders have been issued, computing the Solatium and
Interest to be payable, as per the judgment in Writ Appeal No.1442 of 2019
dated 18.2.2020.
4. Memo is also to the effect that the National Highway Authority of
India has been informed about the computation and no sooner the fund is
allotted, the same would be disbursed to the contempt petitioner.
5. On this day, when the matter came up for hearing, on information
from the office of the learned Government Pleader that Contempt Court (C)
No.1380 of 2021 is listed, Mr.Anil Sebastain, representing
Mr.Mauliknanavathy, learned counsel for the Project Director, National
Highway Authority of India, Palakkad, submitted that he would secure the
entire cause papers viz., Writ Petition/Writ Appeal & Contempt Petition and
accordingly, get instructions from National Highway Authority of India,
Palakkad.
6. In exercise of the powers conferred under Article 226 of the
Constitution of India, we implead the Project Director, National Highway
Authority of India, Palakkad to assist this Court. Registry is directed to make
necessary amendments to the cause title. Registry is further directed to
show the name of Mr.Mauliknanavathy, as counsel for the Project Director,
National Highway Authority of India, Palakkad in the cause list.
Post after 10 days.
Sd/-
S. MANIKUMAR,
CHIEF JUSTICE.
Sd/-
SHAJI P. CHALY,
smv JUDGE
05-10-2021 /True Copy/ Assistant Registrar
