Kerala High Court
C Shaji vs D Babu on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
CON.CASE(C) NO. 1164 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.31461 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER:
C SHAJI
AGED 57 YEARS
S/O.CHELLAPPAN NADAR SP BHAVAN, VELLAMODI,
THIRUPURAM P.O, NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN - 695133
BY ADV ADV.VS SALIM VS
RESPONDENTS:
1 D BABU
S/O.DASAYYAN, AGED 56 YEARS, ABHILASH BHAVAN,
VELLAMODI, THIRUPURAM P.O, TRIVANDRUM NOW RESIDING
AT 'GRACE VILLA', PAZHAYAKADA, NEAR CHATHANAR
DURGA DEVI TEMPLE, THIRUPURAM P.O, TRIVANDRUM, PIN
- 695133
2 HARI G.S
AGED AND FATHER'S NAME NOT KNOWN THE SECRETARY
THIRUPURAM GRAMA PANCHAYATH, PAZHAYAKADA,
THIRUPURAM P.O, THIRUVANANTHAPURAM, PIN - 695133
3 ADDL .R3: GIREESH LAL,
THE SECRETARY, THIRUPURAM GRAMA PANCHAYATH,
PAZHAYAKADA, THIRUPURAM P.O., THIRUVANANTHAPURAM-
695 133. ADDL. R3 IS IMPLEADED AS PER ORDER DATED
02/08/2023 IN IA.2/2023.
BY ADVS.
R.T.PRADEEP
Sarin
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2024, ALONG WITH RP.926/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
RP NO. 926 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.3461 OF 2022 OF
HIGH COURT OF KERALA
REVIEW PETITIONER:
C SHAJI
AGED 57 YEARS
S/O.CHELLAPPANNADAR SP BHAVAN, VELLAMODI,
THIRUPURAM P.O, NEYYATTINKARA, THIRUVANANTHAPURAM,
PIN - 695133
BY ADV ADV.VS SALIM VS
RESPONDENTS:
1 D BABU
AGED 56 YEARS
S/O.DASAYYAN, ABHILASHBHAVAN, VELLAMODI, THIRUPURAM
P.O, TRIVANDRUM NOW RESIDING AT 'GRACE VILLA',
PAZHAYAKADA, NEAR CHATHANARDURGA DEVI TEMPLE,
THIRUPURAM P.O, TRIVANDRUM, PIN - 695133
2 THE SECRETARY
THIRUPURAM GRAMA PANCHAYATH, PAZHAYAKADA,
THIRUPURAM P.O, THIRUVANANTHAPURAM, PIN - 695133
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
03.04.2024, ALONG WITH Con.Case(C).1164/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
:3:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 3rd day of April, 2024
JUDGMENT
W.P.(C) No.31461/2022 was disposed of as per judgment
dated 24.05.2023, wherein a direction was issued to the Tribunal
for Local Self Government Institutions, Thiruvananthapuram, to re-
hear the application for setting aside an ex-parte order and also the
application to condone the delay in filing the same. While issuing
the said direction, the Court took note of the stay of operation of
Ext.P2 order passed by the Tribunal on condition that the 2 nd
respondent Panchayat shall ensure that the petitioner is not
engaging in cattle business and is only rearing five cows. The
learned counsel for the writ petitioner also undertook that not
more than 5 cows will be reared at a point of time and that he will
not engage in the cattle business without obtaining necessary
licence. On the said undertaking, this Court issued an order that,
till a decision is taken by the Tribunal as directed in the judgment,
interim order granted by this Court on 11.10.2022 will remain in
force and a direction was issued to the 2 nd respondent therein to
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
see that the said undertaking is strictly complied with. The above
Contempt of Court Case is filed mainly contending that the 1 st
respondent in the Contempt of Court Case, who is the writ
petitioner, has flouted the undertaking given and is indulging in
illegal activity of cattle business day and night.
2. R.P. No.926 of 2023 is filed by the 1st respondent in W.P.
(C)No.31461/2022, seeking review of the judgment, mainly
contending that the undertaking before the Court is violated and
the writ petitioner has started engaging in cattle business and
more than 5 cows were being reared at a time. The petitioner relies
on Annexure A1 communication, which is issued by the local
authority after the judgment was pronounced, wherein it is
specifically found that the writ petitioner has brought 14 cattle for
the purpose of sale, in violation of the directions issued by this
Court and a direction was issued to see that the said business is
stopped and the same is intimated to the office of the local
authority, and in case of failure to take action, proceedings as per
law will be initiated against him.
3. The learned counsel appearing for the 1 st respondent in the
Contempt of Court Case, who is the writ petitioner, would submit
that he has not reared any cows in violation of the directions issued
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
by this Court in the judgment dated 24.05.2023 in W. P.(C)
No.31461 of 2022. The Secretary, Thirupuram Grama Panchayat,
who is the additional 3rd respondent in the Contempt of Court
proceedings, reported that in the local enquiry conducted by it, it is
gathered that the 1st respondent, who is the writ petitioner, is
doing sale of cows in his property, brought from Tamil Nadu and in
the inspection conducted on 07.08.2023, the 3 rd respondent found
that there are 7 cows at that point of time, but the 3 rd respondent
could not seize the cows due to the non co-operation on the part of
the officials of Government Veterinary Hospital, Thirupuram, since
the hospital lacks the facility to house 7 cows. But on the later
inspection conducted on 28.12.2023, it was found that there are
only 5 cows, but those were not the one found in the earlier visit on
07.08.2023. In the subsequent inspection conducted on
15.02.2024, 5 cows and 2 calves were found, which were also new
ones.
4. Heard the learned counsel for the petitioner in the
Contempt of Court Case, who is the review petitioner and the
learned Counsel appearing for respondent Nos. 1 and 3 in the
Contempt of Court Case.
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
5. A perusal of Annexure A1 communication produced in the
above review petition would reveal that in an inspection conducted
on 14.06.2023, there were more than 14 cattle in the premises of
the writ petitioner, who is the 1st respondent in the Contempt of
Court Case. The statement has been filed by the additional 3 rd
respondent in the Contempt of Court Case wherein it is stated that
from the enquiry it is revealed that the 1 st respondent is engaged in
the sale of cows in his property, brought from Tamil Nadu. The
learned counsel appearing for the 1st respondent submits that he is
strictly complying with the directions in the judgment. In view of
the finding in Annexure A1 produced along with the above review
petition and the statement filed by the additional 3 rd respondent,
who is the Secretary of the local authority, it is clear that the writ
petitioner has engaged in the business of cattle which could not be
done without a proper licence obtained from the local authority.
Learned counsel for the writ petitioner/1st respondent in the
review petition would submit that he will strictly comply with the
direction in the judgment dated 24.05.2023. It is ordered that in
case of any violation is found on the part of the writ petitioner/1 st
respondent in the review petition, the 3 rd respondent in
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
Con.Case(C) No. 1164/2023, the Secretary of the local authority
shall see that stringent action is initiated against the writ petitioner
in the light of Annexure 1 notice produced along with the review
petition and as directed in the judgment dated 24.05.2023 in W.P.
(C) No.31461 of 2022. It is made clear that any disobedience to the
said directions will be viewed seriously and strict action will be
taken against the 1st respondent and the additional 3 rd respondent
in the Contempt of Court Case.
With the above directions, the above Contempt of Court Case
and the review petition is disposed of. In case of any violation, the
petitioner will be free to reopen the present Contempt of Court
Case.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
APPENDIX OF CON.CASE(C) 1164/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 17/03/2021
ISSUED BY THE 2ND RESPONDENT
Annexure A2 TRUE COPY OF THE REPORT DATED 31/12/2020
SUBMITTED BY THE HEALTH INSPECTOR, PUBLIC
HEALTH CENTRE, PARANIYAM
Annexure A3 TRUE COPY OF THE ORDER DATED 17/12/2021
ISSUED BY THE SUB COLLECTOR
Annexure A4 TRUE COPY OF THE ORDER DATED 11/10/2022
Annexure A5 TRUE COPY OF THE PHOTOGRAPH DATED
28/10/2022
Annexure A6 TRUE COPY OF THE PHOTOGRAPH DATED
16/03/2023
Annexure A7 TRUE COPY OF THE PHOTOGRAPH DATED
23/05/2023
Annexure A8 TRUE COPY OF THE PHOTOGRAPH DATED
11/05/2023
Annexure A9 TRUE COPY OF THE PHOTOGRAPH DATED
06/05/2023
Annexure A10 TRUE COPY OF THE PHOTOGRAPH DATED
04/05/2023
Annexure A11 CERTIFIED COPY OF THE JUDGMENT DATED
24/05/2023 IN W.P.(C) NO.31461/2022
Annexure A12 TRUE COPY OF THE PHOTOGRAPH DATED
25/05/2023 SHOWING THE SCENE IN THE
PREMISES
Annexure A13 TRUE COPY OF THE PHOTOGRAPH DATED
28/05/2023 SHOWING THE SCENE IN THE
PREMISES
Annexure A14 TRUE COPY OF THE PHOTOGRAPH DATED
26/10/2023 SHOWING THE RESPONDENT
CONDUCTING THE CATTLE BUSINESS WITHOUT
ANY RESTRICTIONS
Annexure A15 TRUE COPY OF THE PHOTOGRAPH DATED
31/10/2023 SHOWING THE RESPONDENT
CONDUCTING THE CATTLE BUSINESS WITHOUT
ANY RESTRICTIONS
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
Annexure A16 TRUE COPY OF THE PHOTOGRAPH DATED
03/11/2023 SHOWING THE RESPONDENT
CONDUCTING THE CATTLE BUSINESS WITHOUT
ANY RESTRICTIONS
Annexure A17 TRUE COPY OF THE NOTICE DATED 14/06/2023
ISSUED BY THE SECRETARY
Con.Case (C) No.1164 of 2023 & R.P.No.926 of 2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE NOTICE DATED 14/06/2023
ISSUED BY THE 2ND RESPONDENT
