Vijay Construction vs Jaya.P.T
2023 Latest Caselaw 9653 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                      CON.CASE(C) NO. 1919 OF 2023
 AGAINST THE ORDER DATED 18.04.2023 IN WP(C) 14195/2023 OF HIGH COURT OF
                                  KERALA
PETITIONER/PETITIONER IN WP(C):

           VIJAY CONSTRUCTION, REPRESENTED BY ITS MANAGING PARTNER
           M.P ITTOOP, AGED 84 YEARS, S/O. ITTAN VARGHESE
           MYKULANGARA HOUSE KINGINIMATTOM P.O., KOLENCHERY - 682311

           BY ADVS.
           BLAZE K.JOSE
           NEETHA P.G.
           RANJITH C.



RESPONDENT/RESPONDENT NO.2 IN WP(C):

           JAYA.P.T, AGED ABOUT 52 YEARS
           D/O. NOT KNOWN TO THE PETITIONER
           SUPERINTENDING ENGINEER, PWD ROADS CENTRAL CIRCLE,
           ALUVA,, PIN - 683101



OTHER PRESENT:

           GP - M.C.ASHI

     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.1919 of 2023
         in                             2
W.P.(C) No.14195 of 2023

                               VIJU ABRAHAM, J.
               .................................................................
                      Con.Case (C) No.1919 of 2023
                                              in
                          W.P.(C) No.14195 of 2023
               .................................................................
               Dated this the 8th day of September, 2023


                                     JUDGMENT

Petitioner has approached this Court complaining that

there is violation of Annexure-1 interim order. As per Annexure-1 this

Court has granted an interim order staying the operation of Ext.P13

wherein the contract was cancelled at his risk and cost. The

submission of the petitioner is that he will make a request before the

2nd respondent to permit him to complete the work within a period of

one week and thereupon this Court further ordered that the 2 nd

respondent will be free to consider the said request and pass

appropriate orders. Petitioner now complains that Annexure-3 order

has been issued rejecting the request of the petitioner by the 2 nd

respondent. Petitioner further complains that issuance of Annexure-3

is in violation of the directions contained in Annexure-1 order. After

going through Annexures-1 and 3 I am of the opinion that there is no

wilful disobedience as far as issuance of Annexure-3 order is

concerned. In Annexure-1 this Court has only recorded the submission

of the petitioner that he will file appropriate representation before the Con.Case (C) No.1919 of 2023

W.P.(C) No.14195 of 2023

2nd respondent and directed the 2nd respondent to consider the same in

accordance with law.

Reserving the right of the petitioner to challenge Annexure-3 the

above contempt of court case is closed.

VIJU ABRAHAM JUDGE

cks Con.Case (C) No.1919 of 2023

W.P.(C) No.14195 of 2023

APPENDIX OF CON.CASE(C) 1919/2023

PETITIONER ANNEXURES

Annexure 1 CERTIFIED COPY OF INTERIM ORDER IN WP(C) NO.14195 OF 2023 OF THIS HON'BLE COURT

Annexure 2 A. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 19/04/2023

Annexure 3 A. TRUE COPY OF ORDER NO.E2-244/2023 DATED 17/06/2023 OF THE RESPONDENT

RESPONDENT ANNEXURES

ANNEXURE R1 True copy of the letter dated 15-02-

ANNEXURE R2 True copy of the final notice dated 18-02-2023