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S.Jayabal vs Harikrishnan
2022 Latest Caselaw 3377 Ker

Citation : 2022 Latest Caselaw 3377 Ker
Judgement Date : 22 March, 2022

Kerala High Court
S.Jayabal vs Harikrishnan on 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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