Abdul Manaf vs Sanalkumar
2023 Latest Caselaw 9639 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                         CON.CASE(C) NO. 1119 OF 2023
   AGAINST THE ORDER/JUDGMENT WP(C) 22155/2022 OF HIGH COURT OF
                                       KERALA
PETITIONERS:

    1        ABDUL MANAF
             AGED 57 YEARS
             S/O HANEEFA,RAFI
             MANZIL,PALACHIRA,PALACHIRA.P.O,THIRUVANANTHAPURAM.,
             PIN - 695143
    2        YASMIN MANAF
             AGED 46 YEARS
             W/O ABDUL MANAF,RAFI
             MANZIL ,PALACHIRA,PALACHIRA.P.O,THIRUVANANTHAPURAM, PIN
             - 695143
             BY ADV G.RADHAKRISHNAN


RESPONDENT:

             SANALKUMAR
             AGED 48 YEARS
             FATHERS NAME NOT KNOWN,SECRATARY,VARKALA
             MUNCIPALITY,,MUNCIPAL
             OFFICE,VARKALA.P.O,THIRUVANANTHAPURAM(DIST),
             PIN - 695141
             BY ADV K.SIJU SC


     THIS     CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO.1119 OF 2023               2




                                    JUDGMENT

Dated this the 8th day of September, 2023

This Contempt of Court Case is filed alleging non

compliance with judgment dated 15/2/2023. After considering

the contentions advanced on either side, the writ petition had

been disposed of directing the consideration of the

application submitted by the petitioner for building permit in

accordance with the building Rules within one month.

2. An affidavit had been placed on record stating that the

application had been considered and a communication had

been issued to the petitioner to cure certain defects and that

since there was no application for construction of commercial

building submitted by the petitioner pending consideration.

The said aspect was also informed the petitioner. However,

the petitioner filed additional affidavits to show that an

application for building permit was pending before the

Municipality at the relevant time. Thereafter, further orders

has now been passed rejecting the application submitted by

the petitioner.

3. The learned counsel for the petitioner submits that the

consideration now made is outside the scope of the

consideration of the application in terms of the Building Rules

as has been directed by this Court.

Having considered the contentions advanced on either

side and in view of the fact that an order has been passed

rejecting the application submitted by the petitioner, I am of

the opinion that the issue with regard to the legality of the

said order is to be considered in a challenge to the same.

Without prejudice to the contentions of the petitioner and

leaving open all his contentions to be agitated in an

appropriate challenge, this Contempt of Court Case is closed.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF CON.CASE(C) 1119/2023

PETITIONER ANNEXURES Annexure-1 COPY OF JUDGMENT IN WP(C) 22155 DATED 15TH FEBRUARY 2023 OF THE HON'BLE HC Annexure-2 COPY LETTER WITH JUDGMENT COPY SEND TO RESPONDENT ON 01-03-2023 RESPONDENT ANNEXURES Annexure R1(a) The copy of communication dated 27.3.2023 issued by the respondent to the petitioners Annexure R1(b) The copy of communication dated 20.3.2018 issued by the respondent to the petitioner Annexure R1(c) The copy of communication dated 29.11.2018 issued by the respondent to the town planner Annexure R1(d) A copy of request dated 6.12.2022 submitted by the petitioners to cancel the application for permit for commercial building Annexure R1(e) The relevant page of the file concerning the cancellation of application for commercial building permit Annexure R1(f) The copy of the relevant page of the application dated 13.12.2022 submitted by the petitioners PETITIONER ANNEXURES Annexure-4 True copy of receipt dated 02-03-2023 issued accepting Annexure-3 Annexure-3 Petition submitted by the petitioners on 02-03-

2023 to cancel Annexure-R(d) dated 06-12-2022 request and to proceed with P5 application dated 15-8-2018 in Annexure1judgment dated 15-02-2023.

Annexure-5 True copy of Ext.P5 in Annexure -1 judgment ordered to be produced on 06.6.23. Form -A application filed on 15-10-2018 for Dispensation/Modification of DTP scheme. RESPONDENT ANNEXURES Annexure R1(g) The copy of communication dated 22.08.2023 issued to the petitioner by the secretary Varkala Municipality