Mahesh Vijayan vs Anila Anna Varghese
2022 Latest Caselaw 8046 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                     &
                  THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
          Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
          CONTEMPT CASE(C) NO. 1176 OF 2022(S) IN WP(C) 21823/2020
PETITIONER/PETITIONER IN THE WRIT PETITION:

     MAHESH VIJAYAN, AGED 38 YEARS,
     S/O. R. VIJAYAN, ATTUVAYIL HOUSE,
     S.H MOUNT P.O, KOTTAYAM - 686 006
     REPRESENTED BY POWER OF ATTORNEY HOLDER OMANA VIJAYAN,
     AGED 65 YEARS, W/O VIJAYAN, ATTUVAYIL HOUSE,
     S. H MOUNT P.O, PERUMBAIKKADU VILLAGE, KOTTAYAM.

    BY ADVOCATE SRI. JOMY K. JOSE
RESPONDENT/RESPONDENT NO.3:

     ANILA ANNA VARGHESE,
     SECRETARY, KOTTAYAM MUNICIPALITY
     KOTTAYAM - 686 001

     This Contempt of court case (civil) having come up for orders on
29.06.2022, the court on the same day passed the following:

                                                              P.T.O.
               S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
            ----------------------------------
                   Cont. Case (C) No.1176 of 2022
            ----------------------------------
                 Dated this the 29th day of June, 2022

                                 ORDER

S.MANIKUMAR, C.J.

This contempt case is filed alleging non compliance of the

directions contained in the judgment dated 12 th November, 2020 in W.P.

(C)No.21823 of 2020.

2. Earlier, the petitioner approached this court with a public

interest litigation seeking a direction to demolish the bus stand cum

shopping complex owned by the Kottayam Municipality which is in a

dilapidated condition.

3. This court disposed of the writ petition by judgment dated 12 th

November, 2020 in W.P.(C)No.21823 of 2020. Grievance of the petitioner

in this contempt petition is that even after a lapse of one and half years,

the respondent herein failed to comply the directions contained in the

judgment.

4. On this day, when the matter came up for hearing, Mr.Aneesh

James representing Mr.Siby Chenappady, the Standing Counsel for the

Kottayam Municipality, submitted that Mr.Siby Chenappady had already Cont. Case (C) No.1176 of 2022 : 2 :

resigned from the panel of Standing Counsel. Abovesaid submission is

placed on record.

5. Having regard to the averments and the submission now made,

Registry is directed to issue notice to the respondent, Smt.Anila Anna

Varghese - Secretary, Kottayam Municipality, Kottayam returnable

within two weeks.

6. Notice need not be construed as a notice issued under the

provisions of the Contempt of Courts Act, 1971. However, respondent to

enter appearance and file a detailed counter affidavit and explain as to

why directions contained in the judgment dated 12 th November, 2020 in

W.P.(C)No.21823 of 2020 have not been complied with.

Post on 14.7.2022.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

SHAJI P. CHALY JUDGE jes

29-06-2022 /True Copy/ Assistant Registrar