Citation : 2022 Latest Caselaw 2322 Ker
Judgement Date : 2 March, 2022
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.411 OF 2022
AGAINST THE ORDER DATED 08.04.2021 IN W.P.(C)NO.6270 OF
2021 OF HIGH COURT OF KERALA
PETITIONER:
ANURAM,
AGED 38 YEARS,
S/O. DIVAKARAN, MADATHUVILA,
RAM VIEW, PRAVACHAMBALAM, NEMOM P. O.,
THIRUVANANTHAPURAM - 695020.
BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENT:
RAGEESH,
(AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONERS), STATION HOUSE OFFICER,
NEMOM POLICE STATION,
THIRUVANANTHAPURAM CITY,
NEMOM P. O., THIRUVANANTHAPURAM - 695020.
OTHER PRESENT:
SRI. JACOG E. 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.411 of 2022
2
JUDGMENT
The petitioner has filed this contempt case alleging
willful disobedience of Annexure I order of this Court
dated 08.04.2021 in W.P.(C)No.6270 of 2021, whereby,
the respondent herein, who is a Station House Officer,
Nemom Police Station, was directed to take necessary
steps to ensure that any parking of autorickshaws in the
locality is in strict compliance of the provisions under the
Motor Vehicles (Driving) Regulations, 2017 and also
the law laid down by this Court in Kottamom
(Kottiyar Mangalam) Sree Dharmasastha Advisory
Committee v. State of Kerala and others [2019 (5)
KHC SN 27]. Along with this contempt case, the
petitioner has placed on record few photographs
of autorickshaws bearing Nos.KL-01/CQ-0683 and
KL-01/BK-5098, etc., parked in front of the petitioner's
building, flouting the provisions under the Motor Vehicles
(Driving) Regulations, 2017 and also the law laid down in CON.CASE(C)No.411 of 2022
the decision referred to supra.
2. Today, when the case is taken up for
consideration, the learned Government Pleader, on
instructions from the respondent Station House Officer,
Nemom Police Station, would submit that strict action
has already been taken to ensure compliance
of Annexure I order of this Court dated 08.04.2021 in
W.P.(C)No.6270 of 2021, in letter and spirit, and that the
said respondent shall ensure that no such obstruction is
caused in front of the petitioner's building in future.
3. The learned counsel for the petitioner would
submit that after the filing of this contempt case, the
respondent Station House Officer has taken stern action
against those who have parked autorickshaws in front of
the petitioners building, flouting the provisions under the
Motor Vehicles (Driving) Regulations, 2017 and also the
law laid down in the decision referred to supra.
In such circumstances, recording the fact that the CON.CASE(C)No.411 of 2022
respondent Station House Officer has taken necessary
steps to ensure strict compliance of Annexure I order of
this Court dated 08.04.2021 in W.P.(C)No.6270 of 2021,
this contempt case is closed.
Sd/-
ANIL K. NARENDRAN, JUDGE
MIN CON.CASE(C)No.411 of 2022
APPENDIX OF CON.CASE(C)No.411 OF 2022
PETITIONER'S ANNEXURES:
Annexure I CERTIFIED COPY OF ORDER DATED 08.04.2021 IN WP(C)NO.6270/2021.
Annexure II TRUE COPY OF COMPLAINT DATED 1.2.2021 WITH PHOTOGRAPH OF PARKING OF VEHICLES IN FRONT OF THE BUILDING OF PETITIONER BEFORE THE RESPONDENT.
RESPONDENT'S EXHIBITS: NIL.
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