Dr. Abdul Vahab vs Biju Francis
2023 Latest Caselaw 10765 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         Thursday, the 19th day of October 2023 / 27th Aswina, 1945
IA.NO.1/2023 IN CONTEMPT CASE(C) NO. 684 OF 2022(S) IN W.P.(C) 12566 OF 2020

APPLICANTS/PETITIONERS:


  1. DR. ABDUL VAHAB AGED 54 YEARS S/O. PAVARU, KADAVATHU PARAMBIL
     HOUSE, VALANCHERY. P.O., PIN - 676 552 TIRUR TALUK, MALAPPURAM
     DISTRICT
  2. DR. HASEENA, AGED 45 YEARS, W/O. DR. ABDUL VAHAB, KADAVATHU PARAMBIL
     HOUSE, VALANCHERY. P.O., PIN - 676 552 TIRUR TALUK, MALAPPURAM
     DISTRICT

RESPONDENT/RESPONDENT:

     BIJU FRANCIS, SECRETARY, VALANCHERRY MUNICIPALITY VALANCHERY P.O.,
     TIRUR TALUK, MALAPPURAM, PIN - 676 552

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to reopen the above
contempt of court case and dispose of same on merits.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's Judgment
dated 13/06/2022 in COC and upon hearing the arguments of M.S.
UNNIKRISHNAN, NOUFAL V. HAMEED, M. ARDRA KRISHNAN, ALEENA MARIA JOSE,
KRISHNENDU.D, Advocates for the petitioners in IA/COC, SHRI.MILLU
DANDAPANI, Standing counsel for the respondent in IA/COC and of Sri.P.
ABDUL NISHAD, ADVOCATE COMMISSIONER, the court passed the following:

                                               P.T.O.
                             DEVAN RAMACHANDRAN, J.
                       --------------------------------
                                 I.A.No.1 of 2023 in
                            Cont.Case (C) No.684 of 2022
                       ---------------------------------
                         Dated this the 19th day of October, 2023

                                       ORDER

Since the petitioner says that the action completed by the

Municipality is contrary to the report of the learned Advocate

Commissioner and since he seeks that the same Commissioner

be deputed to visit the area again, I deem it appropriate to

accede to the same, since it is not opposed.

2. Resultantly, Sri.Abdul Nishad is requested to visit the

area again and file a report before this Court by the next posting

date.

3. The petitioner will pay the learned Advocate

Commissioner an amount of Rs.25,000/- and will also provide for

the transportation and other expenses.

4. The learned Commissioner will verify the site whether

the construction carried on by the Municipality is in terms of his

earlier Report and the directions in the judgment.

List on 27.10.2023 for Report of the Commissioner.

Sd/-

DEVAN RAMACHANDRAN JUDGE ACR

19-10-2023 /True Copy/ Assistant Registrar