Bhaskaran K.K vs Mr.Sajir Ron
2023 Latest Caselaw 11217 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                 CON.CASE(C) NO. 501 OF 2023
 AGAINST THE ORDER/JUDGMENT WP(C) 1935/2023 OF HIGH COURT OF
                           KERALA
PETITIONER/PETITIONER IN WPC :

          BHASKARAN K.K., AGED 80 YEARS
          S/O.LATE KARAPPUNNI, KANDENKULANGARA HOUSE,
          HOUSE NO.8/152, THEYYANGADU DESOM, EZHAVATHURUTHI,
          PONNANI P.O., MALAPPURAN DISTRICT,
          KERALA, PIN - 659707

          BY ADVS.
          RAJU SEBASTIAN VADAKKEKKARA
          S.KRISHNA KUMAR (MANGALAM)
          SABAD K.H.
          SANTHOSH BHASKARAN NAIR
          BERTRAND BASIL
          RIFSA REBAIE
RESPONDENT/3RD RESPONDENT IN WPC:

          MR.SAJIR RON
          (AGE AND FATHER'S NAME NOT KNOWN TO THE
          PETITIONER), SECRETARY,
          PONNANI MUNICIPAL CORPORATION, PONNANI P.O.,
          MALAPPURAM DISTRICT, KERALA, PIN - 679577

          BY ADVS.
          C.V.MANUVILSAN


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.10.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Con.Case(C) No.501 of 2023
                                   2


                              JUDGMENT

Dated this the 27th day of October, 2023

The Contempt of Court Case is one arising from an interim

order dated 20.01.2023 in W.P.(C) No.1935 of 2023. By the

interim order, this Court directed the 3rd respondent-Municipality

to ensure that construction is made by respondents 5 and 6

only after obtaining statutory licences and permits.

2. Counter affidavit filed by the Secretary to the

Municipality would indicate that the petitioner submitted

application to the Municipality along with the interim order dated

20.01.2023 on 25.01.2023. The Secretary to the Municipality

issued Stop Memo to respondents 5 and 6, on 02.02.2023

itself.

3. In view of the afore act of the Secretary, I find that

there is prima facie compliance of the directions. Whether the

contesting respondents in the writ petition have proceeded with Con.Case(C) No.501 of 2023

the construction thereafter, is a matter which can be considered

in the pending writ petition.

In view of the above, the Contempt of Court Case is

closed.

Sd/-

N.NAGARESH JUDGE spk Con.Case(C) No.501 of 2023

APPENDIX OF CON.CASE(C) 501/2023

PETITIONER ANNEXURES ANNEXURE-A1 CERTIFIED COPY OF THE INTERIM ORDER IN W.P.(C) NO.1935/2023, PASSED BY THIS HON'BLE COURT DATED 20.01.2023. ANNEXURE-A2 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE RESPONDENT HEREIN DATED 25.01.2023 RESPONDENT ANNEXURES ANNEXURE R1 (A) A TRUE COPY OF THE STOP MEMO ISSUED BY THE SECRETARY OF THE PONNANI MUNICIPALITY DATED 21.11.2022 ANNEXURE R1 (B) A TRUE COPY OF THE TEMPORARY ORDER ISSUED BY THE SECRETARY OF THE PONNANI MUNICIPALITY DATED 02.12.2022 ANNEXURE R1 (C) A TRUE COPY OF THE NOTICE ISSUED BY THE SECRETARY OF THE PONNANI MUNICIPALITY DATED 26.12.2022 ANNEXURE R1 (D) A TRUE COPY OF THE NOTICE DATED 13.01.2023 TO THE RESPONDENT NO. 5 AND 6 BY THE SECRETARY OF THE PONNANI MUNICIPALITY ANNEXURE R1 (E) A TRUE COPY OF THE STATEMENT RECORDED IN THE OFFICE BOOK OF THE PONNANI MUNICIPALITY ANNEXURE R1 (F) A TRUE COPY OF THE NOTICE DATED 21.01.2023 ISSUED TO THE PETITIONER FOR THE APPEARANCE OF PERSONAL HEARING ANNEXURE R1 (G) A TRUE COPY OF THE COMMUNICATION DATED 21.01.2023 ISSUED TO THE RESPONDENTS NO. 5 AND 6 BY THE SECRETARY OF THE PONNANI MUNICIPALITY ANNEXURE R1 (H) A TRUE COPY OF THE COMPLAINT DATED 25.01.2023 SUBMITTED BY THE PETITIONER