Amina P A vs Jiji K Thomas
2023 Latest Caselaw 1240 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
    WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                        CON.CASE(C) NO. 2071 OF 2022
  AGAINST THE ORDER/JUDGMENT IN WP(C) 1535/2022 OF HIGH COURT OF
                                      KERALA
PETITIONER/RESPONDENT NO.4:

             AMINA P A
             AGED 59 YEARS
             W/O ALI P A, PARETTUKUZHIYIL HOUSE
             THIRUVANBADY P O, KOZHIKODE - 673603.

             BY ADV NABIL KHADER


RESPONDENTS/PETITIONER AND 3RD RESPONDENT:

    1        JIJI K THOMAS
             PRESIDENT, KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI,
             THIRUVANBADY UNIT,THIRUVAMBADY P O, KOZHIKODE - 673603.

    2        BIBIN JOSEPH
             SECRETARY, THIRUVAMBADY GRAMA PANCHAYATH,
             THIRUVAMBADY P O, KOZHIKODE - 673603.

             BY ADVS.
             P.A.MOHAMMED SHAH
             K.P.SUSMITHA
             VINOD SINGH CHERIYAN(K/000197/1983)
             RENOY VINCENT(K/000580/2017)
             HELEN P.A.(K/000084/2019)
             ARUN ROY(K/413/2019)
             SHAHIR SHOWKATH ALI(K/000584/2019)

             SMT.C.S.SHEEJA, SR.GP


     THIS    CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 2071 OF 2022

                                    2

                              T.R. RAVI, J.
              --------------------------------------------
                 Con.Case (C) No.2071 of 2022
                  --------------------------------------------
             Dated this the 18th day of January, 2023

                               JUDGMENT

The Contempt Case has been filed alleging that the

respondents have violated the interim order granted by this

Court. The interim order reads thus:

" There will be an interim stay of operation of Exhibits

P5 and P6 orders subject to the condition that by

effecting the constructions, the petitioner shall strictly

ensure that the recommendations 1 and 2 made in

Exhibit P9 and reiterated in Exhibit P10 are complied

with. The Secretary of the Panchyat shall also ensure

that the above conditions are complied with."

2. The contention of the petitioner is that the second

recommendation contained in Ext.P9 and reiterated in Ext.P10

has not been complied with.

3. An affidavit has been filed by the 2 nd respondent

stating that as at present there is no violation of the directions

issued by this Court and as directed by this Court, the CON.CASE(C) NO. 2071 OF 2022

Panchayath is monitoring the constructions. It is also stated

that, if any violation is noted during the course of the

construction prompt steps will be taken. The construction has

not been completed and is in progress. A photograph showing

the support that has been erected at present is also produced.

The petitioner handed over photographs showing the

arrangements that have been made and submitted that

already cracks are developing in the building. It is submitted

that the present temporary structures to support the wall has

been put up only after the initiation of the Contempt Case.

The writ petitioner submitted that they have complied with all

the directions and they are still willing to comply with any

directions that the engineer may issue for the purpose of

protection of the neighbouring properties. The said

submission is recorded. As at present I do not find any reason

to conclude that there is contempt, particularly since the

construction is not completed. The recommendation in Exts.P9

and P10 is to provide suitable structural systems from the

frames of the Vyapari mall building using structural elements

like beems, slabs and walls etc. to protect the vertical cut, CON.CASE(C) NO. 2071 OF 2022

before finishing the construction of the building. The

recommendation also says temporary arrangements can be

done during the construction to avoid the failure of the

vertical cut due to the vibrations and disturbances. Since the

construction has not been completed, it cannot be presumed

that the direction to construct suitable structural systems

from the frames of the Vyapari mall building will not be

complied with and what is seen to have been made right now

are only temporary arrangements.

The Contempt Case is hence closed without any further

orders.

Sd/-

T.R.RAVI JUDGE mpm CON.CASE(C) NO. 2071 OF 2022

APPENDIX OF CON.CASE(C) 2071/2022

PETITIONER'S ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF ORDER DATED 30.05.2022 IN W.P.(C) 1535/2022 ON THE FILE OF HON'BLE HIGH COURT OF KERALA.

RESPONDENTS' ANNEXURES

EXHIBIT R2(A) PHOTOGRAPH SHOWING THE PRESENT STAGE OF THE CONSTRUCTION.