Citation : 2021 Latest Caselaw 18962 Ker
Judgement Date : 10 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
CON.CASE(C) NO. 1385 OF 2019
AGAINST THE JUDGMENT IN WP(C) 4300/2018 OF HIGH COURT OF KERALA
PETITIONERS:
1 P.GANGADHARAN NAIR,
AGED 73 YEARS
S/O.RAMAN NAIR, RESIDING AT PERIYA, PERIYA VILLAGE,
HOSDURG TALUK, P.O.PERIYA- 671316, KASARAGOD
DISTRICT.
2 REMYA.G
SOUGHT TO BE IMPLEADED
3 REMYA. G
AGED 37 YEARS
D/O . P. GANGADHARAN NAIR. (LATE), RESIDING AT GANGA
NIVAS , PERIYA . P. O , HOSDURG TALUK, KASARGOD
DISTRICT .
LEGAL HEIR OF THE DECEASED PETITIONER IS IMPLEADED AS
SUPPLEMENTAL PETITIONER AS PER ORDER DATED 06/8/2021
IN IA NO. 1/2021 IN COC 1385/2019
BY ADVS.
K.A.SANJEETHA
BONNY BENNY
RESPONDENT:
USHA.V.,
AGED 55 YEARS
W/O.NARAYANAN, SECRETARY, PULLUR PERIYA GRAMA
PANCHAYAT, CHALINGAL P.O., HARIPURAM,
VIA.ANANDASHRAM- 671531.
BY ADV SRI.T.K.VIPINDAS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Cont.case No.1385/19 2
SHAJI P.CHALY, J.
===========================
Cont.Case No.1385 of 2019
===========================
Dated this the 10th day of September, 2021
JUDGMENT
This contempt case is filed complaining that the directions
contained in the judgment dated 02.08.2018 is not complied with. The
contempt petitioner died and consequently his legal heir was impleaded
as additional petitioner in the contempt petition.
2. An affidavit is filed by the respondent stating that the directions
contained in the judgment is complied with and the encroachers were
removed. However, it is stated that there are fresh encroachers.
3. Taking into account the developments that have taken place
during the pendency of this case, this contempt case is closed, leaving
open the liberty of the petitioner to take further action, if advised, to
remove the fresh encroachers from the property in question.
Sd/-
SHAJI P.CHALY, JUDGE lgk
APPENDIX OF CON.CASE(C) 1385/2019
PETITIONER ANNEXURE ANNEXURE A1 PHOTOSTAT COPY OF THE NOTICE DATED 28.12.2017. ENGLISH TRANSLATION OF ANNEXURE A1.
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT IN WPC 4300/2018 DATED 02.08.2018.
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