Sijo Jose vs Suthan
2023 Latest Caselaw 8449 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                         CON.CASE(C) NO. 1400 OF 2023
  AGAINST THE ORDER/JUDGMENT IN WP(C) 9744/2023 OF HIGH COURT OF
                                       KERALA
PETITIONER:

             SIJO JOSE
             AGED 34 YEARS
             S/O, P.J. JOSE, RESIDING AT PATTALAMKULATH HOUSE,
             MULLANKOLLI MURI, PADICHIRA VILLAGE, SULTHANBETHERY
             TALUK, WAYANAD DISTRICT (PROPRIETOR , M.C. OCEAN BREEZE
             M.C ROAD, MUNDENKAVU, CHENGANNUR, ALAPPUZHA DISTRICT)
             PIN 689101, PIN - 689101
             BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)


RESPONDENTS:

    1        SUTHAN
             AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
             SECRETARY IN CHARGE, CHENGANNUR MUNICIPALITY,
             CHENGANNUR P.O. , ALAPPUZHA DISTRICT. PIN - 689121
    2        SUSAMMA ABRAHAM
             AGED 60 YEARS
             W/O ACHENKUNJU, CHAIRPERSON, CHENGANNUR MUNICIPALITY,
             CHENGANNUR P.O., CHENGANNUR ALAPPUZHA DISTRICT PIN
             689121, PIN - 689121
             BY ADV S.HARIKRISHNAN


     THIS     CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 1400 OF 2023           2




                                JUDGMENT

Dated this the 7th day of August, 2023

This Contempt of Court Case is filed alleging non compliance

with the directions contained in Annexure-2 judgment dated

20/3/2023.

2. The respondents are also present in person today.

3. It is submitted by the learned counsel appearing for the

respondents that after the last date of posting of the Contempt of

Court Case, the appeal was considered and an order was passed in

the appeal on 31/7/2023. It is submitted that the communication of

the order by the Secretary earlier without the appellate authority

passing an order in the appeal was an inadvertence and that there

was no intention to commit contempt of the orders or directions of

this Court.

4. The learned counsel appearing for the petitioner raises

contentions as against the order passed in the appeal as well on

the ground that the appellate order raises fresh grounds which

were not the grounds on which the application was initially

rejected.

5. The learned counsel appearing for the respondents submits

that the appellate order specifically points out the irregularities in

the construction and specifies that as soon as the said

constructions are regularised, the application will be considered.

Having considered the contentions advanced on both sides, I

am of the opinion that the legality of the order passed in the

appeal has to be considered in separate proceedings. In view of

the fact that the directions contained in the judgment now stand

complied with even though belatedly the Contempt of Court of

Case is closed, leaving open the contentions of the petitioner to be

agitated in the appropriate proceedings.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF CON.CASE(C) 1400/2023

PETITIONER ANNEXURES Annexure 1 THE COPY OF NOTICE DATED 09.01.2023 ISSUED BY THE MUNICIPALITY Annexure 2 THE CERTIFIED COPY OF JUDGMENT DATED 20.03.2023 IN WPC NO. 9744/2023 Annexure 3 THE COPY OF NOTICE ISSUED BY THE FIRST RESPONDENT DATED 19.06.2023 RESPONDENT ANNEXURES Annexure R1(e) True copy of the Order dt.22.6.2023 in I.A No.935/2023 in Revision Petition No.55/2023 of the hon'ble Tribunal for Local Self Governments, Thiruvanathapuram Annexure R1(a) True copy of the online rejection notice no.330181012200013 dt.12.12.2022 issued by H. I Gr.I to the petitioner via the online portal http://lsgkerala.gov.in Annexure R1(b) True copy of the Stop Memo dt.28.12.2022 issued by Asst. Engineer at the municipality to Mr.K.M.Sukumaran, petitioner's landlord Annexure R1(d) True copy of the Decision no.7/7 dt.17.6.2023 of the Municipal Council, Chengannur Annexure R1(c) True copy of the Stop Memo No.H1-113/23 dt.

27.3.2023 issued by H.I to the petitioner Annexure R1(f) True copy of the postal receipt dt.5.7.2023 evidencing dispatch by registered post Annexure R2(a) A true copy of the online rejection notice no.330181012200013 dt.12.12.2022 issued by H.I Gr.I to the petitioner via the online portal http://lsgkerala.gov.in Annexure R2(b) A true copy of the Stop Memo dt.28.12.2022 issued by Asst. Engineer at the municipality to Mr.K.M.Sukumaran, petitioner's landlord Annexure R2(c) True copy of the Stop Memo dt. 27.3.2023 issued by H.I to the petitioner Annexure R2(d) A true copy of the Decision no.7/7 dt.17.6.2023 of the Municipal Council, Chengannur Annexure R2(e) A true copy of the Order dt.22.6.2023 in I.A

No.935/2023 in Revision Petition No.55/2023 of the hon'ble Tribunal for Local Self Governments, Thiruvanathapuram Annexure R2(f) A true copy of the postal receipt dt.5.7.2023 evidencing dispatch by registered post Annexure R2(g) TRUE COPY OF HEARING NOTICE NO. H1-113/23 DT.20.7.2023 ISSUED BY THIS RESPONDENT TO THE PETITIONER Annexure R2(h) TRUE COPY OF THE REPLY LETTER DT.27.07.2023 Annexure R2(i) TRUE COPY OF NOTICE NO. H1-113/23 DT.29.7.2023 ISSUED BY THIS RESPONDENT TO THE PETITIONER Annexure R2(j) TRUE COPY OF THE MINUTES OF THE PROCEEDINGS DT.31.7.2023 OF MUNICIPAL COUNCIL, CHENGANNUR ALONG WITH THE COVERING LETTER NO.H1-113/23 DT.4.8.2023 OF THE SECRETARY IN CHARGE Annexure R2(k) TRUE COPY OF THE POSTAL RECEIPT DT.4.8.2023