K.P Varkey vs Shiji Karunakaran
2022 Latest Caselaw 9113 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
                         CON.CASE(C) NO. 1124 OF 2022
    AGAINST THE ORDER/JUDGMENTWP(C) 550/2022 DATED 28.02.2022




PETITIONER:

             K.P VARKEY, AGED 83 YEARS, S/O PAILY
             KOLEMBEL HOUSE, THATTEKKADU P.O,
             KOTHAMANGALAM, ERNAKULAM, PIN - 686681

             BY ADVS.
             ALEXANDER JOSEPH
             AKHILASREE BHASKARAN
             ANTONY NIKHIL REMELO


RESPONDENT:

             SHIJI KARUNAKARAN, THE EXECUTIVE ENGINEER ,
             EXECUTIVE ENGINEERS OFFICE , PWD ROADS DIVISION,
             MUVATTUPUZHA , ERNAKULAM, PIN - 686673


             SMT PARVATHY K-GP


     THIS     CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 COC 1124/22
                                      2



                            JUDGMENT

The petitioner complains that, in spite of the directions in

the judgment of this Court, the respondent has not issued any

orders, as ordered therein.

2. Smt.Parvathy K. - learned Government Pleader, on the

other hand, submitted that the respondent has done everything

in compliance with the directions in the judgment; but that it

has not been completed solely because the writ petitioner sought

for survey of the area through the District Survey

Superintendent. She submitted that the respondent will complete

the proceedings within a period of one month.

3. I must say that this Court is totally dismayed by the

conduct of the respondent because the judgment in question was

delivered on 20.03.2022, granting her one month's time to

complete the proceedings. If she wanted more time, she should

have approached this Court seeking extension of time, which she

has not done.

4. That apart, as rightly argued by Sri.Alexander Joseph COC 1124/22

- learned counsel for the petitioner, it was only after this

Contempt Case had been filed, was the joint inspection

conducted on 12.07.2022.

5. It is rather unfortunate that the officers take orders of

this Court in such a casual manner, particularly when time

frames are fixed noticing the urgency of the cause projected.

This can never be countenanced and normally, this Court would

have been fully justified in proceeding against the respondent for

willful contempt of the orders of this Court.

6. That said, taking note of the persuasive submissions of

the learned Government Pleader, I deem it appropriate not to

proceed against the respondent at this stage and to accede to her

request for a month's time.

Resultantly, this COC is closed, recording the undertaking

of the learned Government Pleader that the respondent will

comply with the directions in the judgment not later than one

month from today.

Needless to say, full liberty is reserved to the petitioner to

seek a rehearing of this COC in the event no orders are issued COC 1124/22

by the respondent or action completed within the afore period.

Sd/-

RR                                     DEVAN RAMACHANDRAN
                                             JUDGE
 COC 1124/22


              APPENDIX OF CON.CASE(C) 1124/2022

PETITIONER ANNEXURES
Annexure1          TRUE COPY OF THE JUDGMENT DATED

07/02/2020 IN W.P(C) NO. 28748/2019 OF THE HON'BLE HIGH COURT OF KERALA Annexure2 CERTIFIED COPY OF THE JUDGMENT DATED 28/02/2022 IN W.P(C) NO. 550/2022 OF THE HON'BLE HIGH COURT OF KERALA Annexure3 TRUE COPY OF THE LAWYER NOTICE DATED 07/06/2022 ISSUED TO THE RESPONDENT.

Annexure4 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT SIGNED BY THE RESPONDENT.