Molly Davis vs Smt.Jessy.P.V
2023 Latest Caselaw 10233 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   THURSDAY, THE 21ST DAY OF SEPTEMBER 2023 / 30TH BHADRA, 1945
                   CON.CASE(C) NO. 1273 OF 2023
ARISING OUT OF THE JUDGMENT IN WP(C) 4159/2023 DATED 03.03.2023 OF
                       HIGH COURT OF KERALA
PETITIONERS:
     1     MOLLY DAVIS
           AGED 52 YEARS,W/O.DAVIS,
           THALIYAN HOUSE, KANJOOR DESAM,
           VADAKKUMBHAGAM VILLAGE, ALUVA TALUK,
           KANJOOR P.O., ERNAKULAM DISTRICT, PIN - 683575

    2     DAVIS
          AGED 60 YEARS, S/O.DEVASSY
          THALIYAN HOUSE, KANJOOR DESAM,
          VADAKKUMBHAGAM VILLAGE, ALUVA TALUK,
          KANJOOR P.O., ERNAKULAM DISTRICT, PIN - 683575

          BY ADVS.V.RAJENDRAN (PERUMBAVOOR)
          N.RAJESH
          GOPAKUMAR P.


RESPONDENT/3RD RESPONDENT:
     1     SMT.JESSY.P.V.
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
           SECRETARY, NEDUMBASSERY GRAMA PANCHAYAT,
           OFFICE OF NEDUMBASSERY GRAMA PANCHAYAT
           MEKKADU P.O, ERNAKULAM, PIN - 683589

     2     ADDL R2
           SMT.NABEERA.M.B. (*CORRECTED)
           AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
           ASSISTANT ENGINEER, NEDUMBASSERY GRAMA PANCHAYAT,
           MEKKADU P.O, ERNAKULAM - 683589.
           IMPLEADED VIDE ORDER DATED 6.7.2023 IN IA 2/23 IN COC
           1273/23.
           *THE NAME OF ADDL.R2 IS CORRECTED AS "SMT.NABEELA M.B"
           INSTEAD OF "NABEERA M.B" VIDE ORDER DATED 21/07/2023 IN
           IA 3/2023.

          BY ADV. GEORGE SEBASTIAN

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 C.O.(C)No.1273/2023                                  2




                                   JUDGMENT

Dated this the 21st day of September, 2023

It is submitted by the learned counsel appearing on

either side that the issues now raised in this Contempt of

Court Case have been raised in the Writ Petition and that the

respondents have moved for varying the interim order

granted by this Court. It is submitted that the pleadings are

on record in the Writ Petition and that the matter can be

considered therein.

2. After having considered the contentions, I am of

the opinion that this is a matter which can be properly

considered in the Writ Petition.

The Contempt of Court Case is therefore closed, leaving

open the contentions of the parties to be appropriately

agitated in the Writ Petition.

Sd/-

ANU SIVARAMAN JUDGE csl

APPENDIX OF CON.CASE(C) 1273/2023 PETITIONERS' ANNEXURES

Annexure A1 CERTIFIED COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.

(C)NO.4159/2023 DATED 3.3.2023

Annexure A2 TRUE COPY OF LETTER DATED 14.3.2023

Annexure A3 TRUE COPY OF LAWYER NOTICE DATED 28.3.2023 ISSUED TO THE RESPONDENT

RESPONDENTS' ANNEXURES

Annexure R1(a) A true copy of the counter affidavit dated 20.05.2023 in WP(c) 4159/2023

Annexure R1(b) A true copy of the legal opinion dated 30.03.2023

Annexure R1(c) A true copy of the relevant extract of the Office file notes of the Grama Panchayath under the Integrated Local Self Government Management System

Exhibit R1(d) A TRUE COPY OF THE IA 3/2023 IN WP(C) 4159/2023 DATED 26.06.2023

Annexure R2(a) Photographs showing the water channel

PETITIONERS' ANNEXURES

Annexure A4 True copy of affidavit dated 14.8.23 sworn by Mr.Poulose, S/o.Chakkappan, Parayil House, (Silver Sand) Mekkad P.O., Nedumbassery Village, Aluva Taluk .