Kerala High Court
Viswanathan vs Rajasree on 11 September, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
2024:KER:69234
CON.CASE(C) NO. 1594 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
CON.CASE(C) NO. 1594 OF 2022
AGAINST THE ORDER DATED 15.07.2022 IN WP(C) NO.6601 OF
2022 OF HIGH COURT OF KERALA
PETITIONERS/ADDL.RESPONDENTS 4 TO 6 IN THE W.P(C):
1 VISWANATHAN
AGED 59 YEARS
S/O . LATE. VELAYUDHAN, PLAVILAYIL HOUSE, ELAKOLLUR
.P.O., KONNI PATHANAMTHITTA DISTRICT - 689691
2 ALEX K PAUL
AGED 52 YEARS
S/O.P.E. PAULOSE, KUTTIKKATTIL, ELAKOLLUR.P.O.,
KONNI, PATHANAMTHITTA DISTRICT - 689691
3 SANDHYA.M.S.
AGED 36 YEARS
D/O. SASI, MADOOR MARUPPEL, ELAKOLLUR.P.O., KONNI,
PATHANAMTHITTA DISTRICT - 689691
BY ADVS.
V.PHILIP MATHEWS
AMAL PARTHASARADHY
GEORGE V. PAUL
RESPONDENT/PETITIONER IN THE WRIT PETITION:
RAJASREE
AGED 37 YEARS
D/O . RAJAGOPALAN, SREE NARAYANA SADANAM ELAKOLLUR
P.O.,KONNI PATHANAMTHITTA DISTRICT - 689691
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CON.CASE(C) NO. 1594 OF 2022
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BY ADVS.
VIJINA K.
ARUL MURALIDHARAN
SRI. B. ASHOK KUMAR, SC
SRI. RAJESH SIVARAMAN KUTTY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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CON.CASE(C) NO. 1594 OF 2022
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T.R. RAVI, J.
--------------------------------------------
Con.Case(C) No.1594 of 2022
in
W.P(C).No.6601 of 2022
--------------------------------------------
Dated this the 11th day of September, 2024
JUDGMENT
The contempt case has been filed, alleging that the
order dated 15.07.2022 has not been complied with by the
respondent/writ petitioner. This Court, after narrating the
facts, directed the writ petitioner to demolish the entire
portion of the building which comes within the alignment of
the road. In order to ensure that there is no dispute
regarding the portion which is coming within the alignment,
this Court had also directed that if the writ petitioner had any
doubt regarding the alignment, she may approach the 1 st
respondent in the writ petition and get the same clarified.
There was also a direction to complete the demolition within
ten days. According to the writ petitioner, she had
approached the authorities expressing her doubt and she did
2024:KER:69234
CON.CASE(C) NO. 1594 OF 2022
not get any reply. It is hence submitted that there is no
contempt as alleged. The writ petition is still pending
consideration of this Court.
2. The counsel for the 1st respondent in the writ
petition submits that the respondent herein had already been
addressed in 2023 itself, directing her to demolish the
structure and no action has been taken so far.
In the above circumstances, it is for the writ
petitioner to file appropriate application in the writ petition
for any further clarification. The 1 st respondent in the writ
petition is free to take any action for ensuring compliance
with the direction of this Court for demolition of the structure
and if there is any grievance, it is for the writ petitioner to
point out the same in the writ court. No orders are required
in this contempt case, except for the above clarification. The
contempt case is closed.
Sd/-
T.R.RAVI
JUDGE
LEK
2024:KER:69234
CON.CASE(C) NO. 1594 OF 2022
APPENDIX OF CON.CASE(C) 1594/2022
PETITIONER ANNEXURES
Annexure1 COPY OF ORDER DATED 15/7/2022 PASSED BY
THIS HON'BLE COURT IN WP(C).NO.6601 OF
ANNEXURE 2 ANNEXURE 2
ANNEXURE 2A ANNEXURE 2 A (TYPED COPY OF ANNEXURE 2)
RESPONDENT ANNEXURES
AnnexureR1 TRUE COPY OF THE LETTER DATED 19-7-2022
ISSUED BY THE RESPONDENT TO THE PROJECT
DIRECTOR, KERALA STATE TRANSPORT PROJECT,
NANDANCODE, THIRUVANANTHAPURAM.
Annexure R2 TRUE COPY OF THE LETTER DATED 25-8-2022
ISSUED BY THE RESPONDENT TO PROJECT
DIRECTOR, KERALA STATE TRANSPORT PROJECT,
NANDANCODE, THIRUVANANTHAPURAM.
