Citation : 2022 Latest Caselaw 3377 Ker
Judgement Date : 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
CON.CASE(C) NO. 215 OF 2022
AGAINST THE ORDER/JUDGMENT IN WP(C) 23061/2021 OF HIGH COURT OF KERALA
PETITIONERS/PETITIONERS IN W.P(C):
1 S.JAYABAL
S/O SUBRAMANIYAN, DOOR NO.456, PARI HOUSE, PUTHUR P O, AGALI,
PALAKKAD DISTRICT-678581.
2 TAMILSELVI
W/O S JAYABAL, DOOR NO.456, PARI HOUSE, PUTHUR P O, AGALI, PALAKKAD
DISTRICT-678581.
BY ADVS.
K.SUNITHA VINOD
KALYANI.S.VINOD
VINEETH KUMAR E.V
YAYATHI VIJAYAN
RESPONDENTS/RESPONDENTS 4-13:
1 HARIKRISHNAN, AGED ABOUT 42 YEARS, FATHER'S NAME NOT KNOWN TO THE
PETITIONERS,
SUB INSPECTOR OF POLICE, AGALI POLICE STATION, AGALI, MANNARKKAD,
PALAKKAD-678581.
2 SREEKUMAR. AGE NOT KNOWN TO THE PETITIONERS
S/O PAZHANI, RESIDING AT DOOR NO.108, RADHA NIVAS, PUDUR OORU, PUDUR,
AGALI P O, PIN-678581.
3 RADHA, AGE NOT KNOWN TO THE PETITIONERS
W/O SREEKUMAR, RESIDING AT DOOR NO.108, RADHA NIVAS, PUDUR OORU,
PUDUR, AGALI P O, PIN-678581.
4 MURUKAN, AGE NOT KNOWN TO THE PETITIONERS
S/O PAZHANI, RESIDING AT THAZHE UMMATHAMPADI, PUDUR P O, AGALI, PIN-
678581.
5 THULASI, AGE NOT KNOWN TO THE PETITIONERS
W/O MURUKAN, RESIDING AT THAZHE UMMATHAMPADI, PUDUR P O, AGALI, PIN-
678581.
6 KRISHNAMMA, AGE NOT KNOWN TO THE PETITIONERS
M/O SREEKUMAR, RESIDING AT DOOR NO.311, PUDUR OORU , PUDUR, AGALI,
2
COC. No. 215 of 2022
PIN-678581.
7 KAKKI, AGE NOT KNOWN TO THE PETITIONERS
S/O KUTTIANNAN, RESIDING AT PUDUR OORU , PUDUR P O, AGALI,
PIN-678581.
8 SELVI, AGE NOT KNOWN TO THE PETITIONERS
W/O KAKKI, RESIDING AT PUDUR OORU , PUDUR P O, AGALI, PIN-
678581.
9 SHANMUGHAN, AGE NOT KNOWN TO THE PETITIONERS
S/O PALANISAMI, RESIDING AT ALAMARAM, PUDUR P O, AGALI, PIN-
678581.
10 SURESH.R, AGE NOT KNOWN TO THE PETITIONERS
S/O RAMASWAMI,RESIDING AT PUDUR P.O,PUDUR-678581
ADDL.R11 MURALEEDHARAN.N, AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONERS, DEPUTY SPERINTENDENT OF POLICE, AGALI PIN 678 581
(IS IMPLEADED AS ADDL.R11 AS PER ORDER DATED 16.03.2022 IN I.A
1/2020)
BY ADVS.
K.S.MADHUSOODANAN
M.M.VINOD KUMAR
P.K.RAKESH KUMAR
K.S.MIZVER
M.J.KIRANKUMAR
SMT. MABLE .C .KURIAN SR.G.P
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
COC. No. 215 of 2022
JUDGMENT
Dated this the 22nd day of March, 2022.
When this matter was called today,
Smt.K.Amminikutty - learned Senior Government
Pleader, submitted that party respondents have been
evicted from the property of the petitioners and that
police authorities are keeping a vigil to ensure that they
do not cause any further trespass.
2. Sri.K.S.Madhusoodanan - learned counsel
appearing for the party respondents, submitted that, to
his information, an agreement has been entered into by
his clients with the petitioners and that it is on such basis
COC. No. 215 of 2022
that they have evicted themselves from the property in
question.
3. In reply, Smt.K.Sunitha Vinod - learned counsel
for the petitioners, submitted that the agreement
between the parties is subject to certain civil
proceedings now pending and prayed that this Court may
not enter into the merits of the same.
4. There is no doubt that, as far as this Court is
concerned, the directions in the judgment will require to
be strictly implemented.
Since the learned Senior Government Pleader says
that it has been so done now, I deem it appropriate to
close this contempt case; however, directing the 1 st
respondent - Sub Inspector of Police to ensure that party
respondents do not enter into the property, unless they
COC. No. 215 of 2022
obtain necessary orders from the competent Civil Court
or such other Forums.
Sd/-
DEVAN RAMACHANDRAN JUDGE
Raj/22.03.2022.
COC. No. 215 of 2022
APPENDIX OF CON.CASE(C) 215/2022
PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 10.10.2021 IN WPC NO.23061/2021. Annexure A2 TRUE COPY OF THE ORDER IN I.A NO.731/2021 IN OS NO.221/2021 OF THE HON'BLE MUNSIFF MAGISTRATE COURT, MANNARKKAD.
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