Mariyammath Minha.P., (Minor) vs Sanjeeva
2024 Latest Caselaw 8865 Ker

Kerala High Court

Mariyammath Minha.P., (Minor) vs Sanjeeva on 27 March, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                     CON.CASE(C) NO. 733 OF 2024
  AGAINST THE JUDGMENT DATED IN WP(C) NO.44061 OF 2023 OF HIGH
                           COURT OF KERALA
PETITIONER:

             MARIYAMMATH MINHA.P., (MINOR)
             AGED 14 YEARS
             REPRESENTED BY HER FATHER, ABDULLA KUNHI,
             S/O AHAMMED R/AT AMBIKKANA HOUSE,
             PAIVALIKE, PAIVALIKE VILLAGE AND POST,
             MANJESHWAR TALUK,
             KASARAGOD DISTRICT - 671322., PIN - 671322
             BY ADV KODOTH SREEDHARAN


RESPONDENTS:

             SANJEEVA
             AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
             SECRETARY, DISTRICT PANCHAYAT,
             KASARGOD, VIDYANAGER, KASARGOD DISTRICT, PIN - 671121
             BY ADV M.SASINDRAN, SC


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 COC No.733 of 2024

                                                   2

                               MOHAMMED NIAS C.P., J


                      ............................................................


                Contempt of Court Case (Civil) No.733 of 2024
                     .............................................................


                      Dated this the 27th           day of March, 2024


                                          JUDGMENT

This contempt of Court case is filed alleging non-compliance of

the order of this Court dated 24.01.2024, wherein, this Court directed

the respondents to proceed with the construction, only if a permit has

been granted for the same.

The respondents filed a counter affidavit producing a copy of the

certificate issued by the Grama Panchayath dated 19.3.2024 stating

that no permit is required under Rule 5(3) of the Kerala Panchayath

Building Rules, 2019.

Without considering the correctness of the said stand of the

Panchayath, this contempt case is closed as prima facie, no grounds

are made out to proceed with the same. Without prejudice to any of

the contentions of the writ petitioner on the entitlement of the

respondents to proceed with the construction, this contempt case is

closed.

Sd/-

MOHAMMED NIAS C.P. JUDGE dlk/27.3.2024

APPENDIX OF CON.CASE(C) 733/2024

RESPONDENT ANNEXURES Annexure R1 A true copy of the certificate No.S.C.2- 1254/2024 dated 19.3.2024, issued by the Secretary, Paivelike Grama Panchayath