Kerala High Court
Noushad.M vs Dileep.T on 20 May, 2022
Con.Case(C) No.564/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
CONTEMPT CASE(C) NO. 564 OF 2022(S) IN R.P. NO.856/2019 IN W.P.(C) NO.382/2019
PETITIONERS/PETITIONERS IN W.P.(C) 382/2019/RESPONDENTS 1 TO 6 IN
R.P.NO.856/2019
1. NOUSHAD.M, AGED 40 YEARS, S/O MUHAMMAD KUNJU, PLACHERIL VEEDU,
MULLIKKALA, THEVALAKKARA P.O, KOLLAM DISTRICT,, PIN - 690 524
2. NIZAR.M, AGED 46 YEARS, S/O MUHAMMAD KUNJU, PLACHERIL VEEDU,
MULLIKKALA, THEVALAKKARA P.O, KOLLAM DISTRICT,, PIN - 690 524
3. NUJUMUDEEN.M, AGED 59 YEARS, S/O MUHAMMAD KUNJU, PLACHERIL
VEEDU,MULLIKKALA, THEVALAKKARA P.O, KOLLAM DISTRICT, PIN - 690 524
4. ABDUL SALAM.M, AGED 61 YEARS, S/O MUHAMMAD KUNJU, KOCHU
MANGALATHU.
VEEDU, MULLIKKALA, ARINALLOOR P.O, KOLLAM DISTRICT,, PIN - 690 538
5. ASHARAF, AGED 58 YEARS, S/O ABDUL JABBAR, AFSAL MANZIL,
MULLIKKALA, ARINALLOOR P.O, KOLLAM DISTRICT, PIN - 690 538
6. FASALUDEEN KUNJU, AGED 65 YEARS, S/O ABDUL REHMAN KUNJU, PLACHERIL
PADINJATTATHIL, MULLIKKALA, THEVALAKKARA P.O, KOLLAM DISTRICT, PIN
- 690 524
BY ADVOCATE SRI. P.V.DILEEP
RESPONDENTS/RESPONDENTS NO.8 &6 IN W.P.(C) 382/2019/REVIEW PETITIONER IN
R.P. NO.856/2019/12TH RESPONDENT IN R.P.NO. 856/2019:
1. DILEEP.T., AGED 50 YEARS, S/O THANKAPPAN, KARTHIKA MANDIRAM,
MAALIBHAGOM, CHAVARA SOUTH VILLAGE, KARUNAGAPPALLY THALUK, KOLLAM
DISTRICT. PIN - 691 584. NOW WORKING AS SECRETARY, THEVALAKKARA
GRAMA PANCHAYATH, THEVALAKKARA P.O, KOLLAM DISTRICT, PIN - 690 524
2. SUJATHAN PILLAI, AGED 43 YEARS, S/O MURALEEDHARAN PILLAI,
AMBADIYIL HOUSE, PANAPPETTY, PORUVAZHI.P.O, SASTHAMCOTTA, KOLLAM
DISTRICT, PIN - 690 520. WORKING AS SUB INSPECTOR OF POLICE
(S.H.O), CHAVARA- THEKKUMBHAGOM POLICE STATION, CHAVARA-SOUTH.
P.O, KOLLAM DISTRICT, PIN - 691 584
ADVOCATE SRI. BIJITH S.KHAN FOR R1
SRI. SAIGI JACOB PALATTY, SENIOR GOVERNMENT PLEADER FOR R2
This Contempt of court case (civil) having come up for orders on
20.05.2022, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.564/2022 2/5
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
===================================
Cont.Case No.564 of 2022
(arising out of the judgment dated 22.02.2019 in WP(C) No.382 of 2019 & order dated
25.10.2021 in RP No.856 of 2019)
=========================================
Dated this the 20th day of May, 2022
ORDER
Sri.Saigi Jacob Palatty, learned Senior Government Pleader would
submit on the basis of instructions that the 6 th respondent Station House
Officer (SI of Police, Chavara, Thekkumbhagam Police Station) will take
effective action to strictly comply with the directions and orders passed by
this Court as per Annexure A1 judgment and further that Deputy Director
of Panchayats have apprised that the 8 th respondent Secretary of
Thevalakkara Panchayat has taken steps for the formation of the Traffic
Regulatory Committee, in terms of the Kerala Police Act and the said
Committee has met on 14.02.2022 and has decided that the place in
question in front of the shops of the petitioners will be designated as a 'no
parking no stop zone' and that parking will be permitted for five
autorikshaws in certain adjoining places.
2. Per contra, Sri.P.V.Dileep, learned Counsel for the petitioners
would submit that, though in the interregnum period after judgment, only
five autorikshaws were permitted to be parked in front of the shops of the
petitioners, but even after the Traffic Regulatory Committee had taken
decision on 14.02.2022, five autorikshaws are still being parked in front of
Con.Case(C) No.564/2022 3/5
COC No.564 of 2022
the petitioners' shops and hence, even now the decision of the Traffic
Regulatory Committee to shift all the autorikshaws parked in front of the
petitioners' shops to another alternate location has not been implemented.
Learned Senior Government Pleader will get instructions on these aspects
and should ensure that the decision of the Traffic Regulatory Committee is
implemented in letter and spirit, in compliance with the directions of this
Court as per Annexure A1 judgment. In other words, no autorikshaws shall
be permitted to be parked in front of the petitioners' shops, as the said
location has now been designated as a no parking zone, and steps shall be
taken by the Police Authorities, including the respondent SHO, to ensure
that none of the autorikshaws are parked in front of the petitioners' shops
and the abovesaid five autorikshaws may also be parked in other permitted
locations.
3. Further, we are told that there is a change of Counsel for the
respondent Gramapanchayat Secretary and that now, Sri.Bijith S. Khan,
learned Counsel, is appearing for the respondent Secretary of the
Thevalakkara Grama Panchayat.
4. Learned Government Pleader will ensure that an affidavit of the
respondent SHO is filed in the matter touching on all aspects of the matter
regarding the compliance of the judgment. So also, Sri.Bijith S.Khan,
Con.Case(C) No.564/2022 4/5
COC No.564 of 2022
learned Advocate, will also ensure that the affidavit of the respondent
Secretary of the Thevalakkara Gramapanchayat is also duly filed, on all
relevant aspects, well before the next posting date. The Registry will show
the name of Sri.Bijith S.Khan, learned Counsel appearing for the
respondent Gramapanchayat Secretary in the causelist.
List the case on top of the list at 10.15 am for orders on 03.06.2022.
Handover to both sides.
Sd/-
ALEXANDER THOMAS
JUDGE
sd/-
SHOBA ANNAMMA EAPEN
JUDGE
Nsd
20-05-2022 /True Copy/ Assistant Registrar
Con.Case(C) No.564/2022 5/5
APPENDIX OF CON.CASE(C) 564/2022
Annexure-1 CERTIFIED COPY OF JUDGMENT IN W.P. (C) NO. 382/2019
DATED 22.02.2019 OF THIS HONORABLE COURT.
