Mohan Lal vs Sreelatha
2022 Latest Caselaw 8119 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                        CON.CASE(C) NO. 386 OF 2022
 AGAINST THE ORDER DATED 21.08.2020 IN WP(C) NO.16154/2020 OF HIGH
                              COURT OF KERALA
PETITIONER/PETITIONER:

             MOHAN LAL
             AGED 60 YEARS, S/O. MADHAVAN PILLAI, LAL BHAVAN,
             MARUTHOORKULANGARA NORTH MURI, KARUNAGAPPALLY VILLAGE,
             KARUNAGAPPALLY TALUK, KOLLAM-690 573
             BY ADVS.
             P.JINISH PAUL
             SNEHA VARGHESE


RESPONDENTS/4TH & 5TH RESPONDENTS:

    1        SREELATHA, AGE AND FATHER'S NAME NOT KNOWN,
             THE EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE
             ENGINEER, KERALA WATER AUTHORITY, PH DIVISION,
             KOLLAM-691 583
    2        SATHISH CHANDRAN
             AGED 42 YEARS, S/O. RAMACHANDRAN PILLAI,
             RESIDING AT MALIYEKKAL, MARUTHOORKULANGARA NORTH MURI,
             KARUNAGAPPALLY VILLAGE, KARUNAGAPPALLY TALUK,
             KOLLAM-690 573
             BY ADVS.
             SHRI.P.BENJAMIN PAUL, SC, KERALA WATER AUTHORITY
             SHRI.K.SHAJ


OTHER PRESENT:

             SRI. P.M.JOHNY-SC, SRI SAIGI JACOB PALATTY-SR.GP


     THIS    CONTEMPT    OF   COURT   CASE   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                     ALEXANDER THOMAS, J.
              -----------------------------------------------------
           Contempt of Court Case (Civil) No.386 of 2022
           [arising out of order dated 21.08.2020 in W.P.(C) No.16154/2020]
                   --------------------------------------------
                      Dated this the 01st day of July, 2022



                                 JUDGMENT

Today, when the matter has been taken up for consideration,

Sri.K.Shaj, learned counsel appearing for the 2 nd respondent herein,

submits that his party is personally present before this Court and that

his party is not responsible for removal of the tap in question, and also

that he had remotely done any action deliberately to violate the

directions issued by this Court as per Anx.A1 interim order dated

21.08.2020, rendered in W.P.(C) No.16154/2020. The abovesaid

submissions, made on behalf of the 2nd respondent, are recorded.

2. Per contra, Sri.P.M.Johny, learned Standing Counsel for the

Kerala Water Authority, appearing for the 1st respondent (Executive

Engineer, Kerala Water Authority, PH Division. Kollam), would submit

on the basis of instructions that the tap in question has already been

restored in the site and now it is being used.

3. Sri.P.Jinish Paul, learned counsel appearing for the

petitioner, would submit that it is only on the basis of the complaint of

the Municipality that the crime was registered against the 2 nd

respondent, in the matter of the alleged removal of the tap in question,

and further that the police has conducted an indifferent investigation,

which resulted in the filing of refer report stating that the crime had

been committed by an undetected person. That, being aggrieved

thereby the petitioner has preferred a private criminal complaint

before the jurisdictional Magistrate court concerned in which

directions were issued by the learned Magistrate under Sec.156(3) of

the Cr.P.C. to conduct an investigation in which the police has again

mechanically given a refer report. That, the petitioner has been

advised to take appropriate steps in that regard.

4. Sri.K.Shaj, learned counsel appearing for the 2 nd

respondent, submitted that his party has already filed a separate

application in the pending W.P.(C) No.16154/2020 to vacate Anx.A1

interim order dated 21.08.2020 in that W.P.(C) and that the said

application is pending. That, the allegations raised against the 2 nd

respondent herein are totally unfounded and that this aspect was

reinforced by the orders of the Civil court at Anx.R2(AA) & R2(AB),

etc.

5. Sri.P.Jinish Paul, learned counsel appearing for the

petitioner, would submit on the basis of instructions that the 1 st

respondent in collusion with the 2nd respondent had closed the tap with

an endcap instead of reinstalling the tap for obeying the orders of this

Court, etc.

6. Now, that the learned Standing counsel for the Kerala

Water Authority, has submitted on the basis of the instructions of the

1st respondent, that the tap has been restored and is now being put to

use. Taking note of the submission, this Court is of the view that the

contempt court proceedings need not proceed any further.

7. However, it is ordered that so long as the interim order as

per Anx.A1 is in force, then all the parties thereto and all authorities

concerned are bound to respect the said order. This would be without

prejudice to the pleas of the 2 nd respondent or any other person who

seek for vacating of Anx.A1 interim order, in the manner known to law.

With these observations and directions, the above contempt of

court case will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE Skk//04072021 APPENDIX OF CON.CASE(C) 386/2022

PETITIONER'S ANNEXURES:-

ANNEXURE A1 THE TRUE COPY OF THE INTERIM ORDER DATED 21-08-2020 IN W.P(C) NO.

16154/2020 PENDING ON THE FILES OF THIS HON'BLE COURT ANNEXURE A2 THE TRUE COPY OF THE COMPLAINT DATED 13-12-2020 SUBMITTED BY THE PETITIONER BEFORE THE RDO ANNEXURE A3 THE TRUE COPY OF THE FIR IN CRIME NO.

71/2021 DATED 17-01-2021 OF KARUNAGARAPPALLY POLICE STATION ANNEXURE A4 THE TRUE COPY OF THE INFORMATION LETTER DATED 22-03-2021 ISSUED BY THE ASSISTANT ENGINEER PH SECTION, OCHIRA

RESPONDENTS' ANNEXURES:-

ANNEXURE R2(A) THE TRUE COPY OF COMPLAINT PREFERRED BY THE 2ND RESPONDENT TO THE ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPALLY ANNEXURE R2(C) THE TRUE COPY OF COMPLAINT DATED 13/12/2020 FILED BY THE PETITIONER ON 23/12/2020 BEFORE THE KARUNAGAPALLY MUNICIPALITY ANNEXURE R2(D) THE TRUE COPY OF LETTER NO. PW2 -

18661/2020 DATED 23/12/2020 ISSUED BY THE SECRETARY OF KARUNAGAPALLY MUNICIPALITY TO THE STATION HOUSE OFFICER, KARUNAGAPALLY POLICE STATION ANNEXURE R2(E) THE TRUE COPY OF UN REPORT FILED BY THE SHO, KARUNAGAPALLY POLICE STATION IN CRIME NO. 71/2021 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY ANNEXURE R2(I) THE TRUE COPY OF COMPLAINT DATED 25/01/2021 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE CITY POLICE COMMISSIONER, KOLLAM AND REGISTERED AS NO. 351/CAMP/PTN/21QC ANNEXURE R2(F) THE TRUE COPY OF PRIVATE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE Cont. of Court Case (C) No.386/2022

JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY ANNEXURE R2(G) THE TRUE COPY OF CRIME NO.304/2021 REGISTERED WITH THE KARUNAGAPALLY POLICE STATION ANNEXURE R2(J) THE TRUE COPY OF COMPLAINT DATED 28/07/2021 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE SUB COLLECTOR, KOLLAM ANNEXURE R2(K) THE TRUE COPY OF LETTER NO. G.179961/20 DATED 02/09/2021 FORWARDED BY THE SUB COLLECTOR, KOLLAM TO THE ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPALLY ANNEXURE R2(L) THE TRUE COPY OF DETAILS OF THE EXTRACT OF TAP REGISTER AND TAP LIST IN KARUNAGAPALLY MUNICIPALITY ISSUED TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT VIDE LETTER NO.

KWA/OCH/33/11 BY THE PUBLIC INFORMATION OFFICER AND ASSISTANT ENGINEER, PH SECTION, KWA, OACHIRA ANNEXURE R2(M) THE TRUE COPY OF LETTER NO. KWA/JB/VIG CELL/AEE-2/95/2019 DATED 17/07/2019 ISSUED BY THE EXECUTIVE ENGINEER, VIGILANCE CELL, KWA TO THE TAHSILDAR (LAND RECORDS), KARUNAGAPPALLY ANNEXURE R2(N) THE TRUE COPY OF LETTER NO.KWA/JB/E6(B2)/4056/19 DATED 24/09/2019 ISSUED BY THE DEPUTY CHIEF ENGINEER (VIGILANCE), KWA TO THE TAHSILDAR (LAND RECORDS), KARUNAGAPPALLY ANNEXURE R2(P) THE TRUE COPY OF LETTER NO.

KWA/OCH/33/11 DATED 06/01/2020 ISSUED BY THE ASSISTANT ENGINEER, KWA, PH SECTION, OACHIRA TO THE SECRETARY OF THE KARUNAGAPALLY MUNICIPALITY ANNEXURE R2(T) THE TRUE COPY OF COMPLAINT DATED 08/01/2020 SUBMITTED BY THE PETITIONER AND TWO OTHERS AGAINST THE 2ND RESPONDENT AND TWO OTHERS BEFORE THE KERALA WATER AUTHORITY ANNEXURE R2(U) THE TRUE COPY OF ORDER NO. G-

179961/2020 DATED 17/02/2020 ISSUED BY THE SUB COLLECTOR, KOLLAM TO THE ASSISTANT ENGINEER, PH SECTION, KERALA Cont. of Court Case (C) No.386/2022

WATER AUTHORITY, KARUNAGAPALLY

ANNEXURE R2(V) THE TRUE COPY OF ORDER NO.G-179961/2020 DATED 18/03/2020 OF THE SUB COLLECTOR, KOLLAM AS THE SUB DIVISIONAL MAGISTRATE ANNEXURE R2(W) THE TRUE COPY OF LETTER NO.

KWA/JB/E6(B2)/4056/2019 DATED 05/03/2020 ISSUED BY THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY TO THE SUPERINTENDING ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KOLLAM ANNEXURE R2(Y) THE TRUE COPY OF LETTER NO.

KWA/PHC/Q/E1-2518/17VOL II DATED 22/04/2020 OF THE SUPERINTENDING ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KOLLAM TO THE EXECUTIVE ENGINEER, PH DIVISION, KERALA WATER AUTHORITY, KOLLAM ANNEXURE R2(Z) THE TRUE COPY OF LETTER NO.

KWA/PHC/Q/E1-2518/17VOL II DATED 22/04/2020 OF THE SUPERINTENDING ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KOLLAM TO THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY ANNEXURE A2(AA) THE TRUE COPY OF ORDER DATED 05/02/2020 IN I.A.NO. 3/2020 IN O.S.NO.25/2020 OF THE MUNSIFF'S COURT, KARUNAGAPALLY ANNEXURE R2(AB) THE TRUE COPY OF JUDGMENT DATED 10/02/2022 IN CMA NO.3/2020 OF THE SUB COURT, KARUNAGAPALLY ANNEXURE R2(R) THE TRUE COPY OF COMPLAINT NO.

KWA/OCH/33/11 DATED 16/01/2020 ISSUED BY THE ASSISTANT ENGINEER, KWA, PH SECTION, OACHIRA TO THE STATION HOUSE OFFICER, KARUNAGAPALLY ANNEXURE R2(S) THE TRUE COPY OF FIR IN CRIME NO.

238/2020 OF THE KARUNAGAPPALLY POLICE STATION ANNEXURE R2(B) THE TRUE COPY OF RECEIPT DATED 14/12/2020 ISSUED BY THE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPALLY TO THE PETITIONER ANNEXURE R2(H) THE TRUE COPY OF REFER CHARGE NO.91/2021 FILED BY THE SHO, KARUNAGAPALLY POLICE STATION BEFORE THE Cont. of Court Case (C) No.386/2022

JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY

ANNEXURE R2(O) THE TRUE COPY OF LETTER NO.A6-7900/19 DATED 05/12/2019 SUBMITTED BY THE TAHSILDAR (LAND RECORDS), KARUNAGAPALLY TO THE DEPUTY CHIEF ENGINEER (VIGILANCE, EXECUTIVE ENGINEER (VIGILANCE CELL) AND ASSISTANT ENGINEER, PH SECTION, KERALA WATER AUTHORITY ANNEXURE R2(X) THE TRUE COPY OF LETTER NO.

KWA/PHDN/E5-42/19/GL DATED 20/03/2020 SUBMITTED BY THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY TO THE SUPERINTENDING ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KOLLAM ANNEXURE R2(Q) THE TRUE COPY OF LETTER NO.

KWA/OCH/33/11 DATED 07/01/2020 ISSUED BY THE ASSISTANT ENGINEER, KWA, PH SECTION, OACHIRA TO THE ASSISTANT EXECUTIVE ENGINEER, KWA ANNEXURE R2(C) THE TRUE COPY OF COMPLAINT DATED 13/12/2020 FILED BY THE PETITIONER ON 23/12/2020 BEFORE THE KARUNAGAPALLY MUNICIPALITY ANNEXURE R2(D) THE TRUE COPY OF LETTER NO. PW2 -

18661/2020 DATED 23/12/2020 ISSUED BY THE SECRETARY OF KARUNAGAPALLY MUNICIPALITY TO THE STATION HOUSE OFFICER, KARUNAGAPALLY POLICE STATION ANNEXURE R2(E) THE TRUE COPY OF UN REPORT FILED BY THE SHO, KARUNAGAPALLY POLICE STATION IN CRIME NO. 71/2021 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY ANNEXURE R2(I) THE TRUE COPY OF COMPLAINT DATED 25/01/2021 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE CITY POLICE COMMISSIONER, KOLLAM AND REGISTERED AS NO. 351/CAMP/PTN/21QC ANNEXURE R2(F) THE TRUE COPY OF PRIVATE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY Cont. of Court Case (C) No.386/2022

ANNEXURE R2(G) THE TRUE COPY OF CRIME NO.304/2021 REGISTERED WITH THE KARUNAGAPALLY POLICE STATION

ANNEXURE R2(J) THE TRUE COPY OF COMPLAINT DATED 28/07/2021 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE SUB COLLECTOR, KOLLAM ANNEXURE R2(K) THE TRUE COPY OF LETTER NO. G.179961/20 DATED 02/09/2021 FORWARDED BY THE SUB COLLECTOR, KOLLAM TO THE ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPALLY ANNEXURE R2(M) THE TRUE COPY OF LETTER NO. KWA/JB/VIG CELL/AEE-2/95/2019 DATED 17/07/2019 ISSUED BY THE EXECUTIVE ENGINEER, VIGILANCE CELL, KWA TO THE TAHSILDAR (LAND RECORDS), KARUNAGAPPALLY ANNEXURE R2(N) THE TRUE COPY OF LETTER NO.KWA/JB/E6(B2)/4056/19 DATED 24/09/2019 ISSUED BY THE DEPUTY CHIEF ENGINEER (VIGILANCE), KWA TO THE TAHSILDAR (LAND RECORDS), KARUNAGAPPALLY ANNEXURE R2(A) THE TRUE COPY OF COMPLAINT PREFERRED BY THE 2ND RESPONDENT TO THE ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPALLY ANNEXURE R2(P) THE TRUE COPY OF LETTER NO.

KWA/OCH/33/11 DATED 06/01/2020 ISSUED BY THE ASSISTANT ENGINEER, KWA, PH SECTION, OACHIRA TO THE SECRETARY OF THE KARUNAGAPALLY MUNICIPALITY ANNEXURE R2(T) THE TRUE COPY OF COMPLAINT DATED 08/01/2020 SUBMITTED BY THE PETITIONER AND TWO OTHERS AGAINST THE 2ND RESPONDENT AND TWO OTHERS BEFORE THE KERALA WATER AUTHORITY ANNEXURE R2(U) THE TRUE COPY OF ORDER NO. G-

179961/2020 DATED 17/02/2020 ISSUED BY THE SUB COLLECTOR, KOLLAM TO THE ASSISTANT ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KARUNAGAPALLY ANNEXURE R2(V) THE TRUE COPY OF ORDER NO.G-179961/2020 DATED 18/03/2020 OF THE SUB COLLECTOR, KOLLAM AS THE SUB DIVISIONAL MAGISTRATE ANNEXURE R2(W) THE TRUE COPY OF LETTER NO.

Cont. of Court Case (C) No.386/2022

KWA/JB/E6(B2)/4056/2019 DATED 05/03/2020 ISSUED BY THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY TO THE SUPERINTENDING ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KOLLAM

ANNEXURE R2(Y) THE TRUE COPY OF LETTER NO.

KWA/PHC/Q/E1-2518/17VOL II DATED 22/04/2020 OF THE SUPERINTENDING ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KOLLAM TO THE EXECUTIVE ENGINEER, PH DIVISION, KERALA WATER AUTHORITY, KOLLAM ANNEXURE R2(Z) THE TRUE COPY OF LETTER NO.

KWA/PHC/Q/E1-2518/17VOL II DATED 22/04/2020 OF THE SUPERINTENDING ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KOLLAM TO THE MANAGING DIRECTOR OF KERALA WATER AUTHORITY ANNEXURE A2(AA) THE TRUE COPY OF ORDER DATED 05/02/2020 IN I.A.NO. 3/2020 IN O.S.NO.25/2020 OF THE MUNSIFF'S COURT, KARUNAGAPALLY ANNEXURE R2(AB) THE TRUE COPY OF JUDGMENT DATED 10/02/2022 IN CMA NO.3/2020 OF THE SUB COURT, KARUNAGAPALLY ANNEXURE R2(S) THE TRUE COPY OF FIR IN CRIME NO.

238/2020 OF THE KARUNAGAPPALLY POLICE STATION ANNEXURE R2(R) THE TRUE COPY OF COMPLAINT NO.

KWA/OCH/33/11 DATED 16/01/2020 ISSUED BY THE ASSISTANT ENGINEER, KWA, PH SECTION, OACHIRA TO THE STATION HOUSE OFFICER, KARUNAGAPALLY ANNEXURE R2(L) THE TRUE COPY OF DETAILS OF THE EXTRACT OF TAP REGISTER AND TAP LIST IN KARUNAGAPALLY MUNICIPALITY ISSUED TO THE 2ND RESPONDENT UNDER THE RIGHT TO INFORMATION ACT VIDE LETTER NO.

KWA/OCH/33/11 BY THE PUBLIC INFORMATION OFFICER AND ASSISTANT ENGINEER, PH SECTION, KWA, OACHIRA ANNEXURE R2(B) THE TRUE COPY OF RECEIPT DATED 14/12/2020 ISSUED BY THE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, KARUNAGAPALLY TO THE PETITIONER ANNEXURE R2(H) THE TRUE COPY OF REFER CHARGE Cont. of Court Case (C) No.386/2022

NO.91/2021 FILED BY THE SHO, KARUNAGAPALLY POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPALLY ANNEXURE R2(O) THE TRUE COPY OF LETTER NO.A6-7900/19 DATED 05/12/2019 SUBMITTED BY THE TAHSILDAR (LAND RECORDS), KARUNAGAPALLY TO THE DEPUTY CHIEF ENGINEER (VIGILANCE, EXECUTIVE ENGINEER (VIGILANCE CELL) AND ASSISTANT ENGINEER, PH SECTION, KERALA WATER AUTHORITY ANNEXURE R2(X) THE TRUE COPY OF LETTER NO.

KWA/PHDN/E5-42/19/GL DATED 20/03/2020 SUBMITTED BY THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY TO THE SUPERINTENDING ENGINEER, PH SECTION, KERALA WATER AUTHORITY, KOLLAM ANNEXURE R2(Q) THE TRUE COPY OF LETTER NO.

KWA/OCH/33/11 DATED 07/01/2020 ISSUED BY THE ASSISTANT ENGINEER, KWA, PH SECTION, OACHIRA TO THE ASSISTANT EXECUTIVE ENGINEER, KWA