Thomas Jose P.F vs Anil Kumar
2022 Latest Caselaw 2279 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
  WEDNESDAY, THE 2ND DAY OF MARCH 2022 / 11TH PHALGUNA,
                              1943
                CON.CASE(C)NO.2575 OF 2019
         AGAINST THE JUDGMENT DATED 05.08.2019 IN
    W.P.(C)NO.11326 OF 2019 OF HIGH COURT OF KERALA
PETITIONERS:

    1     THOMAS JOSE P.F.,
          AGED 45 YEARS,
          S/O.FRANCIS, RESIDING AT HOUSE NO.25/136,
          PAZHAMPILLIL HOUSE, THRIKKAKARA NORTH,
          CHANGAMPUZHA NAGAR P.O., ERNAKULAM- 682033.

    2     M.A.CLEETUS,
          AGED 66 YEARS
          S/O.M.R.ANTONY, E.W.S-3, H.NO.25/136,
          MATHIRAPILLY HOUSE, THRIKKAKARA NORTH,
          CHANGAMPUZHA NAGAR P.O., ERNAKULAM- 682033.

          BY ADVS.
          K.SHAJ
          SRI.RENJIT GEORGE



RESPONDENTS:

    1     ANIL KUMAR,
          AGE AND FATHER'S NAME NOT KNOWN TO THE
          PETITIONERS, SECRETARY, KALAMASSERY
          MUNICIPALITY, MUNICIPAL OFFICE, CHANGAMPUZHA
          NAGAR P.O., ERNAKULAM DISTRICT, PIN- 682033.

    2     CHIRSTY PAUL,
          AGED 65 YEARS,
          FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
          HOUSE NO.25/137, KONNURUTHY HOUSE, CHANGAMPUZHA
          NAGAR P.O., ERNAKULAM- 682033.
 CON.CASE(C)NO.2575 OF 2019

                                 2


OTHER PRESENT:

           SRI. JACOB SIMON-GP



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.03.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C)No.2575 of 2019

                                   3

                               JUDGMENT

The petitioners have filed W.P.(C)No.11326 of 2019,

which was disposed of by Annexure A1 judgment dated

05.08.2019. Paragraphs 3 to 7 and also the last

paragraph of that judgment read thus;

"3. On 17.04.2019, when this writ petition came up for consideration, this Court passed the following order;

"Respondents seek time for filing counter affidavit. Post after vacation. In the meanwhile, there will be a direction to the 2nd respondent to ensure that the 4th respondent is carrying on the construction of the building in accordance with the permit issued and in accordance with the Kerala Municipality Building Rules, 1994. The 4th respondent also shall ensure that, no destruction is caused to any neighbourhood building."

4. A counter affidavit has been filed by the 4 th respondent, opposing the reliefs sought for in this writ petition. The petitioner has filed a reply affidavit to the counter affidavit filed by the 4 th respondent.

CON.CASE(C)No.2575 of 2019

5. The 3rd respondent has also filed a counter affidavit, opposing the reliefs in this writ petition.

6. Today, when this case is taken up for consideration, along with W.P.(C)No.15774 of 2019, the learned counsel for the petitioners and also the learned counsel for the 4 th respondent would submit that this writ petition may be disposed of, by making the interim order dated 17.04.2019 absolute.

7. The learned counsel for the 4th respondent would submit that the said respondent shall carry out the construction of the building in accordance with the building permit issued and in conformity with the provisions under the Kerala Municipality Building Rules, 1999 and that, he shall also ensure that no destruction is caused to any neighbourhood buildings.

Recording the aforesaid submission made by the learned counsel for the 4th respondent, this writ petition is disposed of making the interim order dated 17.04.2019 absolute."

2. Alleging willful disobedience of the directions

contained in Annexure A1 judgment, the petitioners have

filed this contempt case.

CON.CASE(C)No.2575 of 2019

3. On 10.12.2019, when this contempt case came

up for admission, the learned Standing Counsel for

Kalamassery Municipality sought time to get instructions

from the 1st respondent. The learned counsel for 2nd

respondent sought time to file affidavit, who has pointed

out pendency of W.P.(C)No.32918 of 2019 filed by the

petitioners in respect of the very same construction.

4. The 2nd respondent has filed an affidavit.

5. Heard the learned counsel for the petitioners

and also the learned counsel for the 2nd respondent.

6. After arguing for some time, the learned

counsel for the petitioners would submit that since

W.P.(C)No.32918 of 2019 is pending consideration, the

petitioners have already filed W.P.(C)No.32918 of 2019

raising their grievance in respect of the very same

construction, seeking appropriate reliefs, which is now

pending consideration, without prejudice to the

contentions raised in that writ petition, this contempt CON.CASE(C)No.2575 of 2019

case may be closed.

In such circumstances, recording the aforesaid

submission made by the learned counsel for the

petitioners, this contempt case is closed.

Sd/-

ANIL K. NARENDRAN, JUDGE

MIN CON.CASE(C)No.2575 of 2019

APPENDIX OF CON.CASE(C)NO.2575 OF 2019

PETITIONER'S ANNEXURES:

ANNEXURE A1 CERTIFIED COPY OF JUDGMENT DATED 05.08.2019 IN W.P.C.NO.11326/2019 OF THIS HON'BLE COURT.

ANNEXURE A2 TRUE COPY OF LETTER NO.BA-323/16 DATED 17.04.2018 ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER.

ANNEXURE A3 TRUE COPY OF STOP MEMO DATED 02.05.2018 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT.

ANNEXURE A4 TRUE COPY OF LETTER NO.D.O.E/580/E1/18 DATED 04.05.2018 ISSUED BY THE GEOLOGIST, DEPARTMENT OF MINING AND GEOLOGY, ERNAKULAM TO THE KALAMASSERY MUNICIPALITY.

ANNEXURE A5 TRUE COPY OF JUDGMENT DATED 04.05.2018 IN W.P.C.NO.15213/2018 OF THE HIGH COURT OF KERALA.

ANNEXURE A6 TRUE COPY OF EXPERT COMMITTEE REPORT DATED 20.07.2018 OF THE CIVIL ENGINEERING DEPARTMENT OF THE GOVERNMENT ENGINEERING COLLEGE, THRISSUR SUBMITTED TO THE KALAMASSERY MUNICIPALITY.

ANNEXURE A7 TRUE COPY OF ORDER NO.B.A.323/16 DATED 23.01.2019 OF THE KALAMASSERY MUNICIPALITY.

ANNEXURE A8 PHOTOGRAPHS, SHOWING THE STANDARD MANNER IN WHICH SHEET PILING ARE DONE.

ANNEXURE A9 TRUE COPY OF INTERIM ORDER DATED CON.CASE(C)No.2575 of 2019

19.11.2019 IN I.A.NO.8255/2019 IN O.S.NO.1458/2019 OF THE MUNSIFF'S COURT, ERNAKULAM.

ANNEXURE A10 TRUE COPY OF REPRESENTATION DATED 21.11.2019 SUBMITTED BY THE FIRST PETITIONER ON 22.11.2019 TO THE FIRST RESPONDENT.

ANNEXURE A11 TRUE COPY OF RECEIPTS DATED 22.11.2019 ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER.

ANNEXURE A12 TRUE COPY OF COMMISSION REPORT SUBMITTED BY THE COMMISSION ADVOCATE IN O.S.NO.1458/2019 OF THE MUNSIFF'S COURT, ERNAKULAM.

RESPONDENT'S EXHIBITS: NIL.