Kerala High Court
St.Joseph'S Granites vs P.K Shaly on 1 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
CON.CASE(C) NO. 1992 OF 2021
JUDGMENT DATED 15.11.2018 IN WP(C) 38109/2015 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN W.P.(C) NO. 38109/2015:
ST.JOSEPH'S GRANITES
ACHANKUNNU, VALAKKAVU,
MULAYAM P.O, THRISSUR-680 751, REPRESENTED BY ITS MANGING
PARTNER, MR.JOS K FRANCIS, AGED 57 YEARS, S/O K. C FRANCIS.
BY ADV JOBI JOSE KONDODY
RESPONDENTS/RESPONDENTS 4 AND 5 IN W.P.(C) NO. 38109/2015:
1 P.K SHALY,
THE DISTRICT SURVEY SUPERINTENDENT, CIVIL STATION,
AYYANTHOLE P.O, THRISSUR DISTRICT-680 005.
2 MRS. HARITHA V NAIR, I .A. S,
THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE P.O,
THRISSUR DISTRICT-680 005.
BY ADV SRI. K.P. HARISH, SR. GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.O.(C) No. 1992/2021 :2:
SHAJI P. CHALY, J.
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Contempt Case (Civil) No. 1992 of 2021 (S)
in
W.P.(C). No. 38109 of 2021
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Dated this the 1st day of July, 2022.
JUDGMENT
On 10.06.2022, this Court passed the following order:
"On 20.05.2022, this Court has passed the following order:
"In compliance with the time sought for, for
placing a report before this Court on 18.02.2022, a report
along with an affidavit is filed by the respondent, from
where it is evident that survey was conducted in
accordance with the directions contained in the judgment.
However, the learned counsel for the petitioner
submitted that no orders were passed by the District
Collector as per the report.
Learned Government Pleader seeks a reasonable
time for passing an order on the basis of the report.
Post the matter on 10.06.2022."
2. Today, when the matter is taken up, the learned
Government Pleader submitted that the order passed by this
Court, as extracted above, is not complied with by the
respondent.
3. In that view of the matter, there will be a direction to
the respondent to comply with the order passed on 20.05.2022
and report the matter before this Court by filing an affidavit on
or before 01.07.2022, failing which the respondent shall be
present before this Court.
Post the matter on 01.07.2022."
2. A memo dated 20.06.2022 has been filed by the learned
Senior Government Pleader producing the Order bearing No.
DCTSR/14206/2019b7 dated 17.06.2022 passed by the District
Collector, Thrissur, from where I am satisfied that the directions
contained in the judgment dated 15.11.2018 in W.P.(C) No. 38109 of
2015 is complied with.
3. However, the affidavit as directed in the order dated
10.06.2022 is not filed. Sri. K.P. Harish, learned Senior Government
Pleader, submitted that the affidavit is being filed today.
4. In that view of the matter, after hearing the learned counsel
for the petitioner Sri. Jobi Jose Kondody and the learned Senior
Government Pleader Sri. K. P. Harish, I am of the view that the
contempt petition can be closed reserving the liberty of the petitioner
to challenge the order so passed, if aggrieved.
Accordingly, this Contempt petition is closed, leaving open the
liberty of the petitioner to challenge the order passed, if aggrieved.
sd/ SHAJI P. CHALY, JUDGE.
Rv
