N.A.Muhammed Kunju vs Jahangir.S
2021 Latest Caselaw 18112 Ker

Con.Case(C) No.736/2019                       1/2

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                          THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
             Friday, the 3rd day of September 2021 / 12th Bhadra, 1943
      IA.NO.1/2021 IN CONTEMPT CASE(C) NO. 736 OF 2019(S) IN WP(C) 4205/2016
   PETITIONER/PETITIONER:

           N.A. MUHAMMED KUNJU, AGED 65 YEARS, S/O.N.M. ABDULSALAM,
           NARANJI HOUSE, COMMERCIAL CANAL SOUTH BANK ROAD,
           CIVIL STATION WARD, ALAPPUZHA-688 001.

   RESPONDENT/2ND RESPONDENT:

           SRI.JAHANGIR. S., THE SECRETARY,
           ALAPPUZHA MUNICIPALITY, ALAPPUZHA-688 001.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to reopen the Contempt
   of Court Case (Civil)No.736/2019 disposed of by Annexure I judgment and to
   pass appropriate orders in accordance with the provisions of the Contempt
   of Courts Act 1971.

        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and this Court's judgment
   dated 24/08/2020 and upon hearing the arguments of SRI.N.NANDAKUMARA MENON
   (SENIOR ADVOCATE) along with M/S.P.K.MANOJKUMAR, SMITHA S.PILLAI, ALICE
   THOMAS & M.C.SINY, Advocates for the petitioner in IA/COC and of SRI.AZAD
   BABU, STANDING COUNSEL for the respondent in IA/COC, the court passed the
   following:

                                                                     P.T.O.
 Con.Case(C) No.736/2019                         2/2




                                             ORDER

This is an application filed by the petitioner in the Contempt

petition to re-open the contempt proceedings in CO(C)No.736/2019, which

was disposed of on 24/08/2020, having found that against the order passed

by the Municipality, an appeal was preferred before the Tribunal for Local

Self Government Institutions and stay was obtained, with liberty to re-

open the contempt proceedings.

Now it is submitted in the interlocutory application that the said

appeal was dismissed by the Tribunal and against which the aggrieved

person has filed WP(C)No.3082 of 2021, which is pending consideration. It

is also pointed out that no stay was obtained by the party aggrieved by

the order passed by the Tribunal and therefore, unless and until contempt

petition is reopend and necessary action initiated, the demolition order

would not be complied with by the Municipality.

Learned counsel for the Municipality seeks time for filing affidavit

in the IA.

Post the matter on 24/09/2021.

Sd/- SHAJI P.CHALY JUDGE

ANNEXURE I: CERTIFIED COPY OF THE JUDGMENT DATED 11/12/2018 IN

WP(C)NO.4205 OF 2016 PASSED BY THE HONOURABLE HIGH COURT

OF KERALA AT ERNAKULAM.

03-09-2021                        /True Copy/                               Assistant Registrar