Kerala High Court
P.P Jose vs Deepa K.C on 11 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Contempt Case (C)No. 2370 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH
BHADRA, 1946
CON.CASE(C) NO. 2370 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C)
NO.18563 OF 2023 OF HIGH COURT OF KERALA
PETITIONER(S)/PETITIONER IN WP(C) NO 18563/2023:
P.P JOSE
AGED 71 YEARS
S/O LATE POULO, PAYYAPPILLY KOLUVAN HOUSE,
PULLANI KARA,THURAVUR VILLAGE , ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683572
BY ADV.VINCENT RAPHAEL
RESPONDENT(S)/RESPONDENTS NO.2 IN WP(C) NO.
18563/2023:
DEEPA K.C
(AGE AND FATHER'S NAME NOT KNOWN) THE
SECRETARY, THURAVUR GRAMAPANCHAYATH,
THURAVUR,ALUVA TALUK,ERNAKULAM DISTRICT,
PIN - 683572
BY ADV.
SRI. SANGEETHARAJ N.R., PP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME
UP FOR ADMISSION ON 11.09.2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
Contempt Case (C)No. 2370 of 2024
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P.V.KUNHIKRISHNAN, J.
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Contempt Case (C)No. 2370 of 2024
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Dated this the 11th day of September, 2024
JUDGMENT
This Contempt Case (C) is filed alleging violation
of the directions in the judgment dated 14.03.2024 in
W.P.(C) No.18563/2023.
2. Earlier, a contempt case was filed by the
petitioner and the same was disposed of as per the
judgment dated 09.08.2024 in Contempt Case
No.2041/2024. It will be better to extract the above
judgment:
"This Con.Case(C) is filed alleging violation of
the directions in the judgment dated 14.03.2024 in
WP(C) No.18563/2023.
2. This Court only directed the respondent Nos.
1 and 2 to consider and pass appropriate orders on
Exts.P4 and P5. Pursuant to the said direction, the
Panchayath issued Annexure-A3. I think, they are
taking steps to conduct a survey. In such
Contempt Case (C)No. 2370 of 2024
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circumstances, there is no contempt in this case. If
there is any fresh cause of action to the petitioner,
the petitioner is free to file fresh proceedings, in
accordance with law.
With the above observation, this Con.Case(C) is
disposed of. "
3. Now, again, another contempt case is filed.
I am of the considered opinion that there is no
violation of the directions in the judgment. The
directions in the judgment is extracted hereunder:
"Therefore, this writ petition is disposed of with
the following directions:
1. Respondent Nos.1 and 2 are directed to
consider and pass appropriate orders in Exts.P4 and
P5, after giving an opportunity of hearing to the
petitioner and other affected parties, if any, as
expeditiously as possible, at any rate, within a period
of two months from the date of receipt of a copy of
this judgment.
2. While deciding the matter, the respondent
Nos.1 and 2 will also consider Ext.P7 Survey Map.
3. The petitioner will produce a certified copy of
the judgment along with a copy of the writ petition
with exhibits before respondent Nos.1 and 2 for
compliance."
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This Court only directed to consider and pass
appropriate orders in Exts.P4 and P5. No further
direction is issued by this Court. I am of the
considered opinion that there is absolutely no
contempt in this case.
Therefore, this Contempt Case (C) is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Contempt Case (C)No. 2370 of 2024
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APPENDIX OF CON.CASE(C) 2370/2024
PETITIONER ANNEXURES
ANNEXURE A2 THE TRUE COPY OF LETTER NO.
C1/2129/2024 DATED 12.06.2024 ISSUED BY
THE SECRETARY THURAVUR GRAMMA
PANCHAYATH TO TAHASILDAR ALUVA TALUK
ANNEXURE A3 TRUE COPY OF JUDGMENT DATED 09.08.2024
RESERVING LIBERTY TO FILE FRESH
PROCEEDINGS IN ACCORDANCE WITH LAW WHEN
FRESH CAUSE OF ACTION ARISES.
ANNEXURE A4 TRUE COPY OF NOTICE DATED 07.08.2024
ISSUED TO THE PETITIONER BY THE TALUK
SURVEYOR ALUVATALUK INTIMATING THE
SURVEY MEASUREMENT FIXED ON THE
PETITIONERS PROPERTY ON 17.08.2024.
ANNEXURE A5 TRUE COPY OF SURVEY REPORT AND SKETCH
PREPARED BY THE TALUK SURVEYOR ALUVA
TALUK DATED 17.08.2024 FIXING THE
BOUNDARY OF THE PETITIONERS PROPERTY
WITH THE PANCHAYATH ROAD ON THE WESTERN
AND SOUTHERN SIDE OBTAINED BY THE
PETITIONER AS PER RIGHT TO INFORMATION
ACT.2005.
ANNEXURE A6 NOTICE DATED 30.08.2024 ISSUED TO R2
WITH INTIMATION REGARDING INTENTION TO
FILE CON.CASE (CIVIL) ON THE FRESH
CAUSE OF ACTION AROSE.
ANNEXURE A7 TRUE COPY OF TRACK RECORD ISSUED BY
INDIA POST FOR THE DELIVERY OF
BY REGISTERED LETTER NO. RL870022906IN.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
