Boby P Joseph vs Shiji Karunakaran
2024 Latest Caselaw 15711 Ker

Kerala High Court

Boby P Joseph vs Shiji Karunakaran on 6 June, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
          Thursday, the 6th day of June 2024 / 16th Jyaishta, 1946
  IA.NO.3/2023 IN CONTEMPT CASE(C) NO. 108 OF 2023(S) IN WP(C) 22729/2021

PETITIONER/PETITIONER/PETITIONER:


     BOBY P JOSEPH, S/O. JOSEPH, AGED 55 YEARS,
     POTHANIKKATTU HOUSE, MALAYINKEEZHU,
     KOTHAMANGALAM, PIN - 686 691.


RESPONDENT/RESPONDENT/RESPONDENT:


     SHIJI KARUNAKARAN, THE EXECUTIVE ENGINEER,
     PUBLIC WORKS DEPARTMENTS (ROADS DIVISION) ,
     MUVATTUPUZHA , ERNAKULAM, PIN - 686673


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to reopen and rehear
the above Contempt Case in accordance with law.



     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this Court's judgment dated
22.03.2023 and upon hearing the arguments of SRI.ALEXANDER JOSEPH,
Advocate for the petitioner in IA/COC and of GOVERNMENT PLEADER for the
respondent in IA/COC, the court passed the following:

                                                        P.T.O.
                           DEVAN RAMACHANDRAN, J.
                      ---------------------------------------------
                                  I.A.No.3 of 2023
                                           in
                     Contempt Case (C)No.108 of 2023
                     ----------------------------------------------
                      Dated this the 06th day of June, 2024
                                     ORDER

Though the petitioner alleges that the directions in the judgment

have not been complied with, Sri.Jaffer Khan - learned Senior Government

Pleader submitted that it is not so; and that an order has been issued to

the encroacher, to evict himself after due procedure. He, however,

explained that this has been challenged by the said person both before the

Civil Court - by filing O.S.No.50 of 2022 on the files of the learned Munsiff,

Kothamangalam; followed by W.P(C)No.19234 of 2024 before this Court

when the demolition has been stayed. He submitted that, therefore, the

afore writ petition and the suit are finally decided, no further action can be

taken.

I must say that there is some force in the afore submissions of

Sri.Jaffer Khan because, the respondent cannot act when there are

interdictions issued by competent Courts.

In the afore circumstances, I close this I.A., leaving liberty to the

petitioner to approach this Court with a fresh one, after the afore civil suit

and the writ petition are decided.

Sd/-

DEVAN RAMACHANDRAN, JUDGE MC

06-06-2024 /True Copy/ Assistant Registrar