Mary Thomas vs Sreekanth.T.R
2023 Latest Caselaw 1270 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA,
                            1944
                CON.CASE(C)NO.1658 OF 2022
ARISING FROM W.P.(C)No.11086 OF 2016 OF THE HIGH COURT
                        OF KERALA
PETITIONER:

          MARY THOMAS,
          AGED 73 YEARS
          W/O THOMAS, RESIDING IN THE ADDRESS KANNOTHARA
          HOUSE, VADAVATOOR P O, KOTTAYAM DISTRICT, PIN
          - 686610

          BY ADV G.SREEKUMAR (CHELUR)



RESPONDENTS:

   1      SREEKANTH T.R,
          THE PRESENT SECRETARY, VIJAYAPURAM GRAMA
          PANCHAYATH, VADAVATHOOR P O, KOTTAYAM
          DISTRICT, PIN - 680610

   2      P.H. AZAD.
          MANAGING DIRECTOR, WEXCO HOMES PRIVATE
          LIMITED, HAVING REGISTERED OFFICE AT THELLAKOM
          P O, KOTTAYAM DISTRICT , PIN - 686630

          BY ADVS.
          GIKKU JACOB
          GEORGE ZACHARIAH ERUTHICKEL




       THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                       2

Contempt case (C)No.1658 of 2022



                                   JUDGMENT

The petitioner has filed this contempt case alleging wilful

disobedience of the direction contained in Annexure 2 order

dated 09.08.2019 in W.P.(C)No.11086 of 2016.

2. On 26.10.2022, when this contempt case came up

for admission, this Court issued notice to the respondents,

returnable within three weeks. Personal appearance of the

respondents was dispensed with for the time being.

3. By Annexure 2 order of this Court, the 1st

respondent Secretary of Vijayapuram Grama Panchayat was

directed to initiate appropriate proceedings for cancelling the

occupancy certificate of the apartment in question, within a

period of two weeks.

4. Along with the affidavit filed by the 1st respondent,

Annexure R1(a) site inspection report dated 16.01.2023 is

placed on record. In the said affidavit, it is stated that the

occupancy certificate in respect of the apartment in question

has already been cancelled by the order dated 06.09.2019. A

copy of the said order is placed on record as Annexure 5 along

with the contempt case.

5. Having considered the materials on record and

Contempt case (C)No.1658 of 2022

also the submissions made by the learned counsel on both

sides, this Court finds that since the occupancy certificate of

apartment in question has already been cancelled by the

Grama Panchayat, it is for the petitioner to seek further reliefs

in W.P.(C)No.11086 of 2016, which is pending consideration.

Without prejudice to the aforesaid right of the petitioner,

this contempt case is closed.

Sd/-

ANIL K. NARENDRAN, JUDGE

MIN

Contempt case (C)No.1658 of 2022

APPENDIX OF CON.CASE(C) 1658/2022

PETITIONER ANNEXURES

ANNEXURE 1 A TRUE COPY OF THE PHOTOGRAPH TAKEN BY THE PETITIONER DATED 7.5.22.

ANNEXURE 2 CERTIFIED COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN W.P.(C)No.11086 OF 16 DATED 9.8.19.

ANNEXURE 3 A TRUE COPY OF THE COMPLAINT OF THE PETITIONER BEFORE THE ENVIRONMENT ENGINEER, KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM OFFICE DATED 17.2.22.

ANNEXURE 4 A TRUE COPY OF THE RECEIPT ISSUED BY THE KERALA STATE POLLUTION CONTROL BOARD, KOTTAYAM OFFICE DATED 17.2.22

ANNEXURE 5 A TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 6.9.19

ANNEXURE 6 A TRUE COPY OF THE COMMUNICATION BY THE KERALA STATE POLLUTION CONTROL BOARD, DISTRICT OFFICE, KOTTAYAM DATED 4.6.22.

ANNEXURE 7 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE FIRST RESPONDENT DATED 18.2.22

RESPONDENT ANNEXURES

ANNEXURE R1(A) TRUE COPY OF THE SITE INSPECTION REPORT DATED 16.1.2023 PREPARED BY THE 1ST RESPONDENT

ANNEXURE R1(B) TRUE APPLICATION SUBMITTED BY THE 2ND RESPONDENT BEFORE THE SECRETARY, VIJAYAPURAM GRAMA PANCHAYATH FOR RESTORATION OCCUPANCY CERTIFICATE