Kerala High Court
C Son Paper Mills Pvt. Ltd vs B. Anil Kumar on 23 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 23RD DAY OF OCTOBER 2024 / 1ST KARTHIKA, 1946
CON.CASE(C) NO. 1432 OF 2024
AGAINST THE JUDGMENT DATED 30.09.2019 IN WP(C) NO.20102 OF
2019 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
C SON PAPER MILLS PVT. LTD
AGED 58 YEARS
FORMERLY KNOWN AS GRAMOX PAPER AND BOARDS LTD,
REPRESENTED BY ITS MANAGING DIRECTOR, M.C.JOSEPH, SON
OF JOSEPH CHACKO,PUTHUPPADY P.O., MUVATTUPUZHA, PIN -
686673
BY ADVS.
P.B.SAHASRANAMAN
T.S.HARIKUMAR
SANAND RAMAKRISHNAN
RESPONDENT/RESPONDENT NO.1:
B. ANIL KUMAR
AGE AND FATHER'S NAME NOT KNOWN TO THIS PETITIONER,
SECRETARY, KOTHAMANGALAM MUNICIPALITY, MUNICIPAL
OFFICE, KOTHAMANGALAM, PIN - 686691
SRI JOICE GEORGE-SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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CON.CASE(C) NO. 1432 OF 2024
2
JUDGMENT
When this matter was called today, the
learned counsel for the respondent submitted
that a counter affidavit has been filed on
record, explaining that every measure and step,
as required to comply with the directions in
the judgment, has been taken and completed.
2. I have examined the counter
affidavit and notice that the averments therein
to the afore effect are available in paragraphs
3 to 8 thereof, which are extracted for ease of
reference.
"That it is respectfully submitted
that in compliance of the Judgment of this
Hon'ble Court, the Municipality had taken
steps to evict the encroachments and for that
purpose, the officials of the Municipality
went to the site on 27-06-2024. But the
officials could not evict the encroachments
due to the protest on the part of Mrs.Kumari
Cherukunnel and others by making suicide
threat. There was also inconvenience due to
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CON.CASE(C) NO. 1432 OF 2024
the non-severing of electric connection to
the house of Mrs. Kumari Cherukunnel. In such
circumstances the officials of the
Municipality returned from the site.
4. It is respectfully submitted that
again on 03/07/2024, a team of officials
comprising Mr. Gireesh V.R. Asst. Executive
Engineer Kothamangalam Municipality, Smt.
Sandhya Krishnana Asst.Engineer Kothamangalam
Municipality, Smt.Febina V.A first Grade
Overseer, 3 Civil Police Officers from the
Kothamangalam Police station and employees of
the Kerala State Electricity Board went to
the site and demolished 7.20 meter boundary
wall of Mrs.Kumari Cherukunnel 7.5 meter
boundary wall of Mr.Gopi Molekudiyil. A small
portion of the varantha and a pillar of the
residential building of Mrs.Kumari Cherukunel
had been constructed in the purambok land. If
the pillar is demolished, it would damage the
entire residential house of Mrs.Kumari
Cherukunnel. The residential house being a
small one, the pillar can not be demolished
without providing additional structural
support to the building. The municipality had
issued a notice to Smt.Kumari Cherukunnel to
demolish/remove the portion of the Varantha
and the pillar falling within the purambok
land vide communication No.PW2-12977/12 dated
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CON.CASE(C) NO. 1432 OF 2024
25/09/2024. Thereafter on 07/09/2024, the
said varantha potion and pillar of the
building own by Smt.Kumari Cherukunnel has
been demolished and evicted them from the
purambok land which they occupied.
5. It is respectfully submitted that a
portion of the well used for taking drinking
water by Kocherukkan Mulekudiyil is also
demarcated within the purambok land sought to
be evicted. The said well is the only source
of drinking water for Kocherukkan
Mulekudiyil. For filling up the said Well,
the Municipality needs to arrange materials.
The municipality has already prepared the
estimate for arranging the materials for
filling up the well. The ordinary earth
required for filling up the well can be
arranged only after the monsoon season. Now
the Municipality has issued a quotation
notice dated 30/09/2024 inviting quotation
for supplying 21.10 M³ ordinary earth for
filling up the well. As per the quotation
notice the last date for submitting quotation
is 17/10/2024. The Municipality has been
taking all required steps to filling up the
well portion in the purambok land without
delay.
6. It is respectfully submitted that as
stated above, the Municipality has taken
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CON.CASE(C) NO. 1432 OF 2024
steps to evict the encroachments to the
pourambok land and demolished the compound
walls constructed therein. The municipality
had taken steps by issuing notice to the said
Kumari Cherukunnel requiring her to demolish/
remove the encroached portion of the
residential house constructed in the purambok
land and subsequently the building was
demolished on 07/10/2024. Similarly, an
estimate has been prepared for filling up the
well portion of Kocherukkan Molekudiyil and
published quotation notice dated 30/09/2024
inviting quotation for supplying 21.10 M³ of
ordinary earth required to fill up the well.
7. It is respectfully submitted that for
the purpose of implementing the order of this
Hon'ble Court as stated above, the
Municipality has taken all possible steps.
The delay in complying with the order of this
Hon'ble Court was due to the orders passed by
the Hon'ble Munsiff Court Kothamangalam in OS
No. 4/2020 by the Tribunal for Local Self
Government Institutions - Thiruvananthapuram
in revision petition no. 52/2021.
8. It is respectfully submitted that I took
charge as Secretary of the Kothamangalam
Municipality only on 28/02/2024, my
predecessors in office had taken all possible
steps to comply the Judgment of this Hon'ble
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CON.CASE(C) NO. 1432 OF 2024
Court without any fail. I have been taking
all possible measures to comply the judgment
of this Honourable Court in its letter and
spirit. There is no willful negligence or
latches on my part or on the part of my
predecessors in office in complying the
judgment of this Honourable Court. The delay
in complying the Judgment of this Hon'ble
Court is due to the reasons stated in the
preceding paragraphs."
Recording the afore submissions and leaving
liberty to the petitioner to file a fresh contempt
case, in case it becomes warranted in future, I
close this contempt case.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
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CON.CASE(C) NO. 1432 OF 2024
APPENDIX OF CON.CASE(C) 1432/2024
PETITIONER'S ANNEXURES
Annexure.A.1 CERTIFIED COPY OF THE JUDGMENT IN W.P.
(C).20102 OF 2019(K), DATED 30TH SEPTEMBER,
Annexure.A.2. TRUE PHOTOSTAT COPY OF THE ORDER IN CON. CASE
(C).NO.668 OF 2021, DATED 04-01-2022
Annexure..A.3. TRUE PHOTOSTAT COPY OF THE ORDER IN REVISION
PETITION NO.52 OF 2021, DATED 04-05-2024 OF
THE TRIBUNAL FOR LOCAL SELF GOVERNMENT
INSTITUTIONS.
Annexure.A.4. TRUE PHOTOSTAT COPY OF THE SAID ORDER IN
REVISION PETITION NO.57 OF 2021, DATED 04-05-
2024 OF THE TRIBUNAL FOR LOCAL SELF
GOVERNMENT INSTITUTIONS.
