Kerala High Court
M.G.Alexander vs Maryson Michael on 22 December, 2022
Con.Case(C) No.1959/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
CONTEMPT CASE(C) NO. 1959 OF 2021(S) IN WP(C) 13460/2021
PETITIONER/PETITIONER IN WRIT PETITION:
M.G.ALEXANDER, AGED 58 YEARS, S/O. MATHEW GEORGE, PUTHUKULANGARA
HOUSE, BHARANICKAVU SOUTH, BHARANICKAVU P.O, KAYAMKULAM,
ALAPPUZHA-690 503
BY ADVS.M/S.AKHIL RAJ, LIYA ELZA ALEX, A.V.INDIRA, ABIN VARKEY KODIYATTU
RESPONDENT/1ST RESPONDENT IN WRIT PETITION:
MARYSON MICHAEL, SECRETARY, BHARANICKAVU GRAMA PANCHAYATH, PALLICKAL
P.O, ALAPPUZHA-690 503
BY ADV. VINCENT JOSEPH
This Contempt of court case (civil) having come up for orders on
22.12.2022, the court on the same day passed the following:
P.T.O
Con.Case(C) No.1959/2021 2/5
N.NAGARESH, J.
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Con.Case (C) No.1959 of 2021
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Dated this the 22nd day of December, 2022
ORDER
I.A No.1 of 2022
Heard. Allowed.
Con.Case (C) No.1959 of 2021
By Annexure A1 judgment dated 05.10.2021, this Court
directed the 1st respondent-Grama Panchayat to enforce the
notice dated 07.01.2021 issued to respondents 2 and 3. It
was made clear that it was without prejudice to the right of
respondents 2 and 3 to get unauthorised construction
regularised, if permissible under law. Immediately after the
judgment, the Panchayat Authorities issued notice dated
09.11.2021 and cancelled the Permit issued to the
3rd respondent in the writ petition on 24.12.2021 as per
Annexure R1(e).
Con.Case(C) No.1959/2021 3/5
Con.Case (C) No.1959 of 2021
2. It is the contention of the Panchayat Authorities that
on 28.12.2021, the 3rd respondent obtained an interim order in
W.P (C) No.30819 of 2021. The said writ petition was disposed
of on 08.06.2022. Thereafter, the Panchayat Authorities sent
Annexure R1(h) notice. The 3rd respondent filed W.P (C)
No.25009 of 2022 and the said writ petition was disposed of on
22.09.2022. Again on 21.11.2022, the Panchayat Authorities
issued Annexure R1(k) notice to demolish the unauthorised
construction in two days. The 3rd respondent filed W.P (C)
No.38174 of 2022. This Court disposed of the said writ petition
holding that the writ petitioner therein may agitate his issue
before the Tribunal.
3. It is the contention of the Standing Counsel
representing the Grama Panchayat that since this Court has
relegated the 3rd respondent to agitate the issue before the
Tribunal, it will be improper for the Panchayat Authorities to take
any action in pursuance of the notice dated 07.01.2021.
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Con.Case (C) No.1959 of 2021
4. I do not think the sequence of events will justify the
stand of the Panchayat Authorities. The judgment in W.P(C)
No.13460 of 2021 dated 05.10.2021 which directs to enforce
the notice dated 07.01.2021 subsists. There are no orders by
any Court/Tribunal/Authority restraining the execution of the
judgment of this Court. Mere fact that this Court has while
disposing of the writ petitions filed by the 3 rd respondent
permitted him to agitate the issue before the Tribunal, is not
sufficient ground for the Panchayat Authorities not to obey the
judgment dated 05.10.2021. I find that there is prima facie
contempt of court, inasmuch as directions contained in W.P(C)
No.13460 of 2021 are violated.
Post the matter on 13.01.2023, on which date, the
respondent shall either file a compliance report before this
Court or shall appear before this Court in person.
Sd/-
N.NAGARESH,
JUDGE
spk
22-12-2022 /True Copy/ Assistant Registrar
Con.Case(C) No.1959/2021 5/5
APPENDIX OF CON.CASE(C) 1959/2021
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 05-10-2021 IN
WP(C) NO. 13460/2021
Annexure-R1(e) TRUE COPY OF THE ORDER NO. A2-5394/21 DATED 24.12.2021
ISSUED BY THE RESPONDENT PANCHAYAT
Annexure-R1(h) TRUE COPY OF LETTER BY RESPONDENT NO.1 DATED 30.6.2022
Annexure-R1(k) TRUE COPY OF LETTER NO. A2-1906/2020 DATED 21.11.2022
ISSUED BY THE 1ST RESPONDENT
22-12-2022 /True Copy/ Assistant Registrar
