Citation : 2021 Latest Caselaw 18120 Ker
Judgement Date : 3 September, 2021
Con.Case(C) No.2050/2019 1/3
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
CONTEMPT CASE(C) NO. 2050 OF 2019(S) IN WP(C) 33103/2016
PETITIONER/PETITIONER IN WPC
DR.PRIYARENJINI S., AGED 44 YEARS,
D/O.K.N.VIKRAMADITHYAN PILLAI,
CONSULTANT NEUROLOGIST, CC 55-1636 B,
VRINDAVANAM, KADAVANTHRA, KOCHI - 682 020.
BY ADVOCATES M/S DR.K.P.PRADEEP, NEENA ARIMBOOR,
T.THASMI, SANAND RAMAKRISHNAN, T.T.BIJU.
RESPONDENT/1ST AND 2ND RESPONDENTS IN WPC
1. KAMALA VARDHANA RAO,
WORKING AS PRINCIPAL SECRETARY TO THE GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. S. SUHAS,
DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION,
KAKKANAD, ERNAKULAM - 682 030.
ADDL. R3 & R4 IMPLEADED
3. CHANDRAN NAIR, CORPORATION SECRETARY IN CHARGE,
PRESENTLY DEPUTY SECRETARY, COCHIN CORPORATION,
CORPORATION OFFICE, ERNAKULAM-682 011.
4. SMT.JINU MOLE VARGHESE, WORKING AS SECRETARY OF
GREATER COCHIN DEVELOPMENT AUTHORITY,
GCDA OFFICE, KADAVANTHRA, ERNAKULAM-682 020.
ADDL. R3 & R4 ARE IMPLEADED AS PER ORDER DATED 22/10/2020 IN
IA.1/2020 IN COC.2050/2019.
P.T.O.
Con.Case(C) No.2050/2019 2/3
ADDL. R5,R6 & R7 IMPLEADED
5. ANAND SINGH IAS,SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA AND MEMBER SECRETARY,
KERALA ROAD FUND BOARD, T.C.4/1654, MAYOORAM, NO.7,
BELHAVEN GARDENS, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.
6. PRANABJYOTI NATH IAS,SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
7. A.S.NAISAM,CORPORATION SECRETARY, COCHIN CORPORATION,
CORPORATION OFFICE, ERNAKULAM-682 011.
ADDL. R5 TO R7 ARE IMPLEADED AS PER ORDER DATED 05/03/2021
IN IA.1/2021
SRI.K.P. HARISH, SENIOR GOVERNMENT PLEADER FOR R1,R2,R5 & R6.
SRI.S.SUDHISH KUMAR, STANDING COUNSEL FOR R3.
ADVOCATE SRI.ARUN ANTONY FOR R4.
SRI. K. JANARDHANA SHENOI, STANDING COUNSEL FOR R7.
This Contempt of court case (civil) having come up for orders on
03.09.2021, the court on the same day passed the following:
ORDER
Learned counsel for the petitioner submitted that an application is
filed seeking to implead the present Secretary of the Greater Cochin
Development Authority. Registry is directed to put up the same in the
files.
Learned Senior government Pleader Sri.K.P. Harish submitted that
eventhough various communications were addressed, the Kochi Corporation
has not so far handed over the property in question to the PWD in order to
take adequate steps in accordance with the directions contained in the
judgment.
Learned counsel for the Kochi Corporation, on the other hand,
submitted that already an affidavit is filed before this Court narrating
that the Corporation has already taken a decision to hand over the road
property in question to the PWD.
Con.Case(C) No.2050/2019 3/3
Fact remains, the property is not yet handed over physically by the
Corporation, though a decision was taken which is remaining only in paper.
Therefore, there will be a direction to the Secretary of the
Corporation to hand over the physical possession of the property to the
PWD Department without any delay. If adequate action is not taken within
two weeks from today to hand over the property to PWD and file an
affidavit before this Court, the Secretary of the Corporation shall be
present before this Court in person.
Post the matter on 24/09/2021.
Sd/- SHAJI P.CHALY JUDGE
03-09-2021 /True Copy/ Assistant Registrar
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