Kerala High Court
Jose George vs J.Santhosh on 28 June, 2024
Con.Case(C) No.1217/2024 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Friday, the 28th day of June 2024 / 7th Ashadha, 1946
IA.NO.2/2024 IN CONTEMPT CASE(C) NO. 1217 OF 2024(S) IN WP(C) 34335/2023
APPLICANT/PETITIONER:
JOSE GEORGE, AGED 56 YEARS, S/O. GEORGE JOSEPH,
KADAVIL FIELD VILLA, PALLIPURAM.P.O, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688 541.
RESPONDENTS/RESPONDENTS:
1. J.SANTHOSH, AGED 53 YEARS, S/O.K.JANARDHANAN KURUP, THE SECRETARY,
CHENNAM PALLIPURAM GRAMA PANCHAYAT, CHENNAM PALLIPURAM GRAMA
PANCHAYAT OFFICE, PALLIPURAM.P.O, CHERTHALA, ALAPPUZHA DISTRICT,
PIN - 688 541.
2. MS.GADHA VENUGOPAL, THE ASSISTANT ENGINEER, CHENNAM PALLIPURAM
GRAMA PANCHAYAT, CHENNAM PALLIPURAM GRAMA PANCHAYAT OFFICE,
PALLIPURAM.P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688 541.
3. MR. JOSEPH CHAKCO, THE HEAD CLERK, CHENNAM PALLIPURAM GRAMA
PANCHAYAT, CHENNAM PALLIPURAM GRAMA PANCHAYAT OFFICE,
PALLIPURAM.P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688 541.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to appoint an
Advocate Commissioner to visit the building of the petitioner stated in
the above contempt petition and to ascertain whether the defects stated
in Annexure R1(a) has been cured by the petitioner and to furnish a
report regarding the same with photographs before this Hon'ble Court and
also by ascertaining
(i) Whether the building constructed by the St. Mary's Forane
Church on the southern side of the petitioner's new shopping complex had
encroached to the old shop room building of the petitioner bearing No.
367 in Ward No. VI of Chennam Pallipuram Grama Panchayat.
(ii) Report regarding the pathway on the side of the petitioner's
old shop room situated in front of the shopping complex building on its
southern side in order to reach the back side of the petitioner's old
shop room building bearing No. 367 in Ward No. VI of Chennam Pallipuram
Grama Panchayat.
(iii) Ascertain and report whether sufficient set back is provided
for the new shopping complex building of the petitioner in the light of
the sketch appended with Exhibit P4 produced in the writ petition.
P.T.O.
Con.Case(C) No.1217/2024 2/4
(iv) Ascertain whether there is an electrical charging point in
the building of the petitioner which is the subject matter in the writ
petition.
(v) Ascertain whether ramps are provided to the building of the
petitioner which is the subject matter in the writ petition.
(vi) Ascertain whether there is car parking facility for 5 cars
including the covered- parking area.
(vii) Ascertain whether 3 urinals are provided to the building of
the petitioner which is the subject matter in the writ petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. JOBI JOSE KONDODY & G. SREEKUMAR (CHELUR), Advocates for the
applicant in IA/petitioner in COC, SMT. C.G. BINDU, Advocate for R1 in
IA/COC and of Sri. EBIN MATHEW, ADVOCATE COMMISSIONER, the court passed
the following:
P.T.O.
Con.Case(C) No.1217/2024 3/4
MOHAMMED NIAS C.P., J.
-----------------------------------------------
I.A.No.2 of 2024 in Contempt of Court Case (C) No.1217 of 2024
---------------------------------------------
Dated this the 28th day of June, 2024
ORDER
This is an application filed by the petitioner seeking the appointment of an
Advocate Commissioner to substantiate his contentions that the directions in the
judgment have been flouted by the respondent. In compliance with the directions,
the respondents have filed Annexure R1(a) order in which it is stated that out of the
12 defects, three alone have been cured.
Given the rival contentions and to ascertain whether the directions of this
Court have been flouted or not, I.A.No.2/2024 is allowed. Adv.Ebin Mathew is
appointed as Advocate Commissioner, to inspect the property and verify the
statements in Annexure R1(a) as regards the existence or otherwise of the defects to
help this Court decide on the compliance of the directions in the judgment by the
respondent. A report shall be filed within three weeks. Parties shall offer all
assitance to the Advocate Commissioner. The petitioner is directed to pay an amount
of Rs.30,000/- to the Advocate Commissioner as remuneration.
Post on 25.7.2024. Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/28.06.2024
28-06-2024 /True Copy/ Assistant Registrar
APPENDIX OF CON.CASE(C) 1217/2024
Annexure R1(a) REJECTION ORDER OF PETITIONER'S APPLICATION FOR
OCCUPANCY CERTIFICATE BY THE PROCEEDINGS DATED
11/06/2024.
Exhibit P4 in WP(C) A TRUE COPY OF THE PROCEEDINGS DATED 15/02/2022 ISSUED
34335/2023 BY THE SUB COLLECTOR, ALAPPUZHA CONVERTING THE NATURE
OF LAND FROM 'NILAM' TO THAT OF 'PURAYIDOM'
28-06-2024 /True Copy/ Assistant Registrar
