Mookkassry Badarudheen Haji vs Sajeev Babu
2023 Latest Caselaw 716 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
              THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                    CON.CASE(C) NO.419 OF 2019
AGAINST THE JUDGMENT IN WP(C)NO.41395/2018 OF HIGH COURT OF KERALA


PETITIONER/PETITIONER IN THE WRIT PETITION :

             MOOKKASSRY BADARUDHEEN HAJI, AGED 78 YEARS
             S/O. KOYA MOHAMMED, BASMAN VILLAGE,
             THAYYILAKADAVU P.O., VELIMUKKU, MALAPPURAM DISTRICT

             BY ADV R.K.MURALEEDHARAN



RESPONDENT/4TH RESPONDENT IN THE WRIT PETITION:

             SAJEEV BABU
             AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
             VILLAGE OFFICER, TANUR, MALAPPURAM DISTRICT-676 302



             SRI.JAFFER KHAN, GOVERNMENT PLEADER




     THIS    CONTEMPT   OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Cont.Case (C) No.419 of 2019
                                              2




                        ALEXANDER THOMAS, J.
                  ===========================
                      Cont.Case (C) No.419 of 2019
        [arising out of the impugned judgment dated 19.12.2018 in W.P(C) No.41395/2018]
                   ===========================
                       Dated this the 12th day of January, 2023

                                    JUDGMENT

The above contempt of court case has been filed alleging

non-compliance of the directions and orders passed by this Court, as per

Annexure-A1 judgment dated 19.12.2018 in W.P(C) No.41395/2018.

2. Today when the matter has been taken up for consideration,

Sri.R.K.Muraleedharan, learned counsel appearing for the petitioner

submits that Annexure-A1 judgment dated 19.12.2018 in W.P(C)

No.41395/2018 has been stayed by a Division Bench of this Court, as per

order dated 18.03.2019 in W.A No.771/2019 and the stay order is still

pending and that this Court may close the contempt case with liberty to

the petitioner to file appropriate application to re-open this contempt

proceedings, in case the Writ Appellate verdict is in favour of the

petitioner.

3. Accordingly, this contempt case can now be closed. However,

liberty is accorded to the petitioner to file an appropriate application to

re-open this contempt case, in case the verdict of the Division Bench in the Cont.Case (C) No.419 of 2019

Writ Appeal is in favour of the petitioner herein.

With these observations and directions and with the said liberty, the

above contempt case will stand disposed of.

Sd/-

ALEXANDER THOMAS JUDGE

vgd Cont.Case (C) No.419 of 2019

APPENDIX OF CON.CASE(C) 419/2019

PETITIONER'S ANNEXURES

ANNEXURE-A1 THE CERTIFIED COPY OF THE JUDGMENT IN WP(C) NO.41395/2018 DATED 19.12.2018