Kerala High Court
T K Prakasan vs Suresh George on 6 February, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CON.CASE(C) NO. 43 OF 2023
AGAINST THE WILFUL DISOBEDIENCE OF THE ORDER DATED 20.12.2021 IN
WP(C) 6365/2020 OF HIGH COURT OF KERALA
PETITIONER/3RD PETITIONER IN WPC:
T K PRAKASAN
AGED 63 YEARS
S/o.KUMARAN
SMITHA BHAVANAM, KODAMTHURUTH, KUTHIATHODE, ALAPPUZHA,
PIN - 688533
BY ADVS.
VIJAI MATHEWS
JOSEPH THEKKEKURUVANAL
RESPONDENT/1ST RESPONDENT IN WPC:
SURESH GEORGE
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
SECRETARY, KODAMTHURUTH GRAMA PANCHAYTH, KUTHIATHODE
P.O., CHERTHALA, ALAPPUZHA, PIN - 688533
BY ADVS.
R.RAJASEKHARAN PILLAI
SABINA JAYAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 43 OF 2023
2
T.R. RAVI, J.
--------------------------------------------
Con.Case(C)No.43 of 2023
in
W.P(C).No.6365 of 2020
--------------------------------------------
Dated this the 6th day of February 2024
JUDGMENT
The contempt application has been filed, alleging
disobedience of the interim order dated 20.12.2021. The
interim order was to the effect a drainage has to be
constructed after raising necessary funds from whatever
sources that are available to the Panchayat. The failure to
raise funds to complete drainage has been explained in the
affidavit filed. I do not think a contempt petition can be
continued for more than two years after the passing of the
interim order when the main matter itself is pending and
where the interim order is only expressing a hope that the
Panchayat will be able to raise the funds to complete the
work which has been pending for more than two years.
CON.CASE(C) NO. 43 OF 2023
The contempt case is hence closed, without prejudice to
the right of the petitioner to move an appropriate application
in the writ petition.
Sd/-
T.R.RAVI
JUDGE
LEK
CON.CASE(C) NO. 43 OF 2023
APPENDIX OF CON.CASE(C) 43/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE ORDER DATED
20/12/21 IN WPC 6365/20 OF THIS HON'BLE
COURT
Annexure A2 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE
PRESENT SITUATION SHOWING THE DEPLORABLE
SITUATION OF MV PURUSHOTHAMAN ROAD, WARD
NO 9, KODAMTHURUTH
Annexure A3 TRUE COPY OF THE LETTER DATED 21/11/22
SUBMITTED BY THE PETITIONER BEFORE THE
RESPONDENT ALONG WITH ACKNOWLEDGMENT
ANNEXURE A4 A TRUE COPY OF THE PHOTOGRAPH TAKEN ON
23/3/22
ANNEXURE A5 A TRUE COPY OF THE REPLY IS GIVEN BY THE
THEN SECRETARY TO THE PANCHAYATH DATED
4/2/11
RESPONDENT ANNEXURES
ANNEXURE-I TRUE COPY OF THE LETTER DATED 24.1.2023
FROM THE PRESIDENT OF THE PANCHAYAT TO
THE MP Adv.A.M. ARIF
ANNEXURE-II TRUE COPY OF THE REQUEST DATED 24.01.2023
SUBMITTED BY THE PANCHAYAT PRESIDENT
BEFORE THE LOCAL MLA SMT.DALIMA
ANNEXURE-III TRUE COPY OF THE RESOLUTION OF THE
PANCHAYAT DATED 24.01.2023 SUBMITTED TO
THE HONOURABLE MINISTER FOR PWD
