Kerala High Court
N.Prakash vs M.V.Govindan Master on 9 January, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
Con.Case(C) No.3252/2024 1 / 28
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Thursday, the 9th day of January 2025 / 19th pousha, 1946
CONTEMPT CASE(C) NO. 3252 OF 2024(S) IN WP(C) 19253/2010
PETITIONER/NOT A PARTY TO W.P.C. NO. 19253 OF 2010:
N.PRAKASH, AGED 60 YEARS, SON OF LATE A.NARAYANA RAO,
PRAJITH VIHAR, AYINI ROAD, MARADU P.O., ERNAKULAM,
PIN - 682 304.
BY SRI. N. PRAKASH (Party-In-Person)
RESPONDENTS/NOT A PARTY TO W.P.C. NO. 19253 OF 2010:
1. M.V.GOVINDAN MASTER, CPI(M) STATE SECRETARY "SYAMA", MORAZHA P.O,
TALIPARAMBA, KANNUR, PIN - 670 331.
2. SHAIK DARVESH SAHEB IPS, STATE POLICE CHIEF, STATE POLICE
HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695 010.
3. G.SPARJAN KUMAR IPS, IGP AND COMMISSIONER OF POLICE, POLICE
GROUND, CV RAMAN PILLAI ROAD, PANAVILA, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695 014.
4. GIRILAL.D, (SUBSTITUTED) CIRCLE INSPECTOR OF POLICE (STATION
HOUSE OFFICER), T.C.25/3200(1), VANCHIYOOR POLICE STATION,
THIRUVANANTHAPURAM CITY, PIN - 695 035.
THE NAME OF R4 IS SUBSTITUTED AS 'SHANIF H.S'
INSTEAD OF 'GIRILAL D' AS PER ORDER DATED 18/12/2024
IN IA 7/2024 IN COC 3252/2024
ADDITIONAL R5 TO R11 IMPLEADED
5. PRAJEESH SASI, STATION HOUSE OFFICER,
CANTONMENT POLICE STATION, NEAR SECRETARIAT,
CANTONMENT GATE, STATUE, THIRUVANANTHAPURAM - 695 001.
6. BINOY VISWAM, CPI STATE SECRETARY, P.R. NAMBIAR SMARAKAM,
KALLACHI, NADAPURAM, KOZHIKODE - 673 506.
7. PANNIAN RAVINDRAN, PANNYAN HOUSE, SECTION 2,
KAKKAD ANGADI, PUZHATHI, KAKKAD P.O., KANNUR - 670 005.
P.T.O.
Con.Case(C) No.3252/2024 2 / 28
8. JAYACHANDRAN KALLINGAL, GENERAL SECRETARY,
JOINT COUNCIL OF STATE SERVICE ORGANISATIONS,
RESIDING AT K.N.R.A 65B, KADAPPATHALA, NEAR GOLF CLUB,
KOWDIAR P.O., THIRUVANANTHAPURAM - 695 003.
9. PUTTA VIMALADITYA IPS, DIG AND COMMISSIONER OF POLICE,
POLICE COMMISSIONERATE, KOCHI CITY, PARK VIEW,
MARINE DRIVE, ERNAKULAM - 682 011.
10. MOHAMMED SHIYAS, DISTRICT CONGRESS COMMITTEE PRESIDENT,
ERNAKULAM, RESIDING AT VADAPPILLIL HOUSE, THAIKATTUKARA P.O.,
ALUVA - 682 006.
11. SARADA MURALEEDHARAN IAS, CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
ADDL.R5 TO R11 ARE IMPLEADED AS PER ORDER DATED 18/12/2024
IN IA 3/2024 IN COC 3252/2024.
ADDITIONAL R12 TO R18 IMPLEADED
12. M.VIJAYAKUMAR, PHAS (PATTUR HOUSING ACCOMMODATION
SCHEME OF KERALA STATE HOUSING BOARD), EMS NAGAR,
PATTOOR, THIRUVANAHTHAPURAM - 690 529.
13. V.K. PRASANTH MLA, ROOM NOS. 31 AND 32, NILA BUILDING,
MLA HOSTEL, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM -695 033.
14. V. JOY MLA, SOUHRUDHAM, PERUGUZHI P.O.,
THIRUVANANTHAPURAM-695 305.
15. KADAKAMPALLY SURENDRAN MLA, KADAKAMPALLY,
T.C. 79/678, KARIKKAKOM P.O., THIRUVANANTHAPURAM -695 305.
16. T.J.VINOD MLA, THAIVELIKKAKATH, NAROTH ROAD,
THAMMANAM P.O., KOCHI - 682 032.
17. DOMINIC PRESENTATION, VALIYATHAYIL,
SUNORO CHURCH ROAD, ELAMKULAM, COCHIN - 682 020.
P.T.O.
Con.Case(C) No.3252/2024 3 / 28
18. ANISH JOY, CIRCLE INSPECTOR OF POLICE, (STATION HOUSE OFFICER),
ERNAKULAM CENTRAL POLICE STATION, OLD RAILWAY STATION ROAD,
NEAR KERALA HIGH COURT, ERNAKULAM - 682 018.
ADDL.R12 TO R18 ARE IMPLEADED AS PER ORDER DATED
18/12/2024 IN IA 6/2024 IN COC 3252/2024.
ADDITIONAL R19 IMPLEADED
19. SMT.KIRAN NARAYANAN IPS, DISTRICT POLICE CHIEF,
THIRUVANANTHAPURAM RURAL, DISTRICT POLICE OFFICE,
PATTOOR PMG ROAD, UNIVERSITY OF KERALA
SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM,
KERALA 695 033.
ADDL.R19 IS IMPLEADED AS PER ORDER DATED 06/01/2025
IN IA 1/2025 IN COC 3252/2024.
BY SRI.ASOK M.CHERIAN, ADDITIONAL ADVOCATE GENERAL &
SRI.T.S.SHYAM PRASANTH, GOVERNMENT PLEADER FOR R2 TO R4
This Contempt of court case (civil) having come up for orders on
09.01.2025, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.3252/2024 4 / 28
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
.............................................................................
Con. Case (C)No.3252 of 2024
.................................................................
Dated this the 9th day of January, 2025
ORDER
Anil K. Narendran, J.
The petitioner, who appeared in person, has filed this
contempt case alleging willful disobedience of the directions
contained in Annexure A1 judgment of a Division Bench of this
Court in Khalid Mundappilly v. Executive Engineer [2010 (3)
KLT 86], prohibiting the respondents therein and other
Government agencies including Public Works Department, Police,
Revenue and Local Authorities from granting any permission to
hold meetings on public roads and road margins. If any meeting
is held with or without permission, contrary to the said prohibitory
order, the Police shall remove the stages and all installations,
articles and people and prevent the meeting being held on public
roads and road margins. The Chief Secretary to Government was
directed to issue instructions, along with a copy of the said
judgment, to the Director General of Police, Public Works
Department, Revenue Department and Local Administration
Department to implement the directions contained in that
judgment.
2. In the contempt case filed on 05.12.2024, it is alleged
that openly flouting the directions contained in Annexure A1
judgment in Khalid Mundappilly [2010 (3) KLT 86], which was
followed by Annexure A2 order dated 13.08.2010 in R.P.No.670 of
2010 - Chief Secretary to Government v. Khalid Mundappilly
[2010:KER:30849] and Annexure A4 judgment dated
22.03.2012 in W.P.(C)No.32429 of 2011 and connected matter -
Dejo Kappen v. State of Kerala [2012:KER:13001], a stage
has been constructed on 05.12.2024 by the members of the
Communist Party of India (Marxist) for conducting the Palayam
Area Conference of that political party, on the public road in front
of Vanchiyoor Court Complex and Vanchiyoor Police Station. The
document marked as Annexure A3 is the order of the Apex Court
dated 06.01.2011, whereby the Special Leave Petition filed by the
Chief Secretary to Government against Annexure A2 order of this
Court in R.P.No.670 of 2010 stands dismissed.
3. On 10.12.2024, when this contempt case came up for
consideration, we heard arguments of the petitioner, who
appeared in person, and also the learned Additional Advocate
General for respondents 2 to 4. The learned Additional Advocate
General, who sought time to get instructions, submitted that the
4th respondent Station House Officer (Circle Inspector of Police),
Vanchiyoor Police Station, shall be personally present in Court on
12.12.2024, along with the relevant files, to explain the facts and
circumstances.
4. On 12.12.2024, when this contempt case came up for
consideration, the 4th respondent Circle Inspector of Police
(Station House Officer), Vanchiyoor Police Station, was personally
present in Court along with the relevant files. The learned
Additional Advocate General placed on record, a report dated
11.12.2024 of the 4th respondent Station House Officer, along with
a memo dated 12.12.2024 of the learned Government Pleader,
enclosing therewith a copy of the FIR in Crime No.1254/2024 of
Vanchiyoor Police Station, which was one registered in connection
with the public meeting conducted on 05.12.2024 by the
Communist Party of India (Marxist) activists by blocking one track
of Uppidamoodu-Vanchiyoor road, after erecting a temporary
stage on that track. The petitioner filed I.A.Nos.1, 2 and 3 of 2024,
seeking impleadment of additional respondents 5 to 11; to accept
Annexures A8 to A10 as additional documents; and seeking an
interim direction against additional respondents 5 to 9. Annexure
A8 screenshots taken from the news item that appeared in visual
media are in respect of the Palayam Area Committee meeting of
the Communist Party of India (Marxist) held on 05.12.2024 at
Vanchiyoor and '36 hours Satyagraha' by the joint council of State
Service Organisations, which was held in front of Government
Secretariat on 10.11.2024 and 11.12.2024, which was
inaugurated by Binoy Viswam, the State Secretary of the
Communist Party of India, in which Pannian Raveendran was one
among the speakers. 'Satyagraha' was conducted after laying
carpet on the footpath and right-of-way of the public road, after
putting up a stage. The document marked as Annexure A9 are
screenshots taken from the news item that appeared in visual
media in respect of a 'Dharna' conducted by the leaders of the
Indian National Congress on 11.12.2024, in front of the office of
the Kochi Corporation, demanding the resignation of the Mayor of
Kochi, by encroaching upon the footpath.
5. On 12.12.2024, this Court viewed in open Court
Annexure A7 video clippings of the news item that appeared in
Mathrubhumi and Asianet news on 05.12.2024. The 4th
respondent Circle Inspector of Police, Vanchiyoor Police Station,
who was personally present in Court, submitted that the stage in
question was put up on the right-of-way of Uppidamoodu-
Vanchiyoor road, blocking the movement of pedestrians through
the pedestrian crossing (zebra crossing) provided on that road.
The 4th respondent submitted that, though P. Babu, who is the
General Convenor of the Palayam Area Committee of the
Communist Party of India (Marxist), was asked to remove the
stage put up on the right-of-way of Uppidamoodu-Vanchiyoor road,
he refused to do so. By the order dated 12.12.2024, this Court
directed the 4th respondent Station House Officer, Vanchiyoor
Police Station to submit a report furnishing the details of those
who were on the stage, in addition to the 1 st respondent, in the
Palayam Area Conference of the Communist Party of India
(Marxist), which was held on 05.12.2024, the details of those who
performed drama in that stage, those who provided light and
sound facility and those who put up the stage and other fixtures
on the footpath and the right-of-way of Uppidamoodu-Vanchiyoor
road.
6. On 16.12.2024, when this contempt case came up for
consideration, a report dated 15.12.2024 of the 2nd respondent
State Police Chief was placed on record, producing therewith
Annexures R2(a) to R2(e) documents, along with a memo dated
15.12.2024 filed by the learned Government Pleader. A report
dated 13.12.2024 of the 4th respondent Station House Officer,
Vanchiyoor Police Station, furnishing the name of the persons who
were on the stage in the meeting held at Vanchiyoor on
05.12.2024, was also placed on record along with another memo
dated 16.12.2024 of the learned Government Pleader.
7. By the order dated 18.12.2024, I.A.Nos.2, 3 and 4 of
2024 filed by the petitioner were allowed and the petitioner was
directed to file an amended contempt case by 19.12.2024. The
petitioner has also filed I.A.No.5 of 2024 seeking an order to
accept Annexure A11 as an additional document; I.A.No.6 of 2024
seeking an order to implead additional respondents 12 to 18; and
I.A.No.7 of 2024 seeking an order to substitute the name of the
4th respondent as stated in that interlocutory application. The
document marked as Annexure A11 is a certificate under Section
65B of the Evidence Act, 1872 read with Section 63 of the
Bharatiya Sakshya Adhiniyam, 2023, in respect of Annexures A7
and A10 video clippings and Annexures A8 and A9 screenshots.
Those interlocutory applications were also allowed by the order
dated 18.12.2024. Pursuant to the order dated 18.12.2024, the
petitioner filed an amended contempt case. Thereafter, the
petitioner filed I.A.No.8 of 2024 seeking an order to amend the
contempt case by incorporating additional statement of facts,
grounds, etc., as stated in that interlocutory application. That was
allowed as prayed for by the order dated 06.01.2025. The
petitioner has also filed I.A.No.1 of 2025 seeking an order to
implead additional 19th respondent; I.A.No.2 of 2025 to amend
the contempt case by incorporating additional statement of facts,
grounds, etc.; and I.A.No.3 of 2025 for accepting Annexures A12
to A15 as additional documents. The document marked as
Annexure A12 is a news item that appeared in Manorama Online
regarding the construction of the stage encroaching public road at
Balaramapuram Junction. The document marked as Annexure A13
is a copy of a notice published by Balaramapuram Grama
Panchayat in connection with 'Jwala-Vanitha Junction' held on
01.01.2025. The document marked as Annexure A14 series are
screenshots taken from the news item that appeared in visual
media regarding 'Jwala-Vanitha Junction' at Balaramapuram. The
document marked as Annexure A15 is a certificate under Section
65B of the Evidence Act, 1872 read with Section 63 of the
Bharatiya Sakshya Adhiniyam, 2023, in respect of Annexures A12
and A14 screenshots taken from the news item that appeared in
visual media regarding 'Jwala-Vanitha Junction'. By the order
dated 06.01.2025, those interlocutory applications were also
allowed and the petitioner has filed the amended contempt case.
8. Two screenshots taken from the news items that
appeared in visual media regarding the Palayam Area Conference
of the Communist Party of India (Marxist) held on 05.12.2024
blocking one track of Uppidamoodu-Vanchiyoor road, after putting
up a temporary stage on that track, which are marked as
Annexure A5 series in the contempt case, are reproduced
hereunder;
9. On 12.12.2024, we viewed in open Court Annexure A7
video clippings produced along with the contempt case of the news
item that appeared in the Asianet News channel. Three
screenshots taken from that news item are reproduced hereunder;
10. Three screenshots taken from Annexure A7 video
clippings produced along with the contempt case of the news item
that appeared in the Mathrubhumi News are reproduced
hereunder;
11. In the order dated 12.12.2024 this Court noticed that
the stage where the Palayam Area Conference of the Communist
Party of India (Marxist) was held on 05.12.2024 was put up on the
right-of-way of Uppidamoodu-Vanchiyoor road, which is a public
road in front of the District Court Complex and Vanchiyoor Police
Station, completely blocking one track of the road. A large number
of the public, including school children travelling in two-wheelers
along with their parents and those travelling in educational
institution buses got stuck in the traffic block. A car carrying a
newborn baby with his/her mother also got stuck in the traffic
block since the second track of the road alone was available for
vehicular traffic and for the movement of pedestrians.
12. In the order dated 12.12.2024 this Court noticed the
submission of the 4th respondent Circle Inspector of Police,
Vanchiyoor Police Station, who was personally present in Court,
that the stage where the Palayam Area Conference of the
Communist Party of India (Marxist) was held on 05.12.2024 was
put up on the right-of-way of Uppidamoodu-Vanchiyoor road,
blocking the movement of pedestrians through the pedestrian
crossing (zebra crossing) provided on that road. Though P. Babu,
who is the General Convenor of the Palayam Area Committee of
the Communist Party of India (Marxist), was asked to remove the
stage put up on the right-of-way of Uppidamoodu-Vanchiyoor road,
he refused to do so.
13. The screenshots of the news items appeared in visual
media regarding '36 Hours Satyagraha' held by the Joint Council
of State Service organisations on 10.12.2024 and 11.12.2024 in
front of the Government Secretariat, after laying carpet and
placing chairs on the footpath and the right-of-way of the public
road, and after putting up a pandal on the footpath and a stage
on the footpath and the right-of-way of the public road, are
marked as Annexure A8 in the contempt case. A few screenshots
of the said news items are reproduced hereunder;
14. The screenshots of the news item that appeared in
visual media regarding a 'Dharna' conducted by the leaders of the
Indian National Congress in front of Kochi Corporation Office on
11.12.2024, after laying carpet and placing chairs on the footpath
of the public road and after putting up a pandal on the footpath,
are marked as Annexure A9 in the contempt case. A few
screenshots of the said news item are reproduced hereunder;
15. The screenshots of the news items appeared in visual
media regarding the programme 'Jwala-Vanitha Junction'
conducted by Balaramapuram Grama Panchayat on 01.01.2025 at
Balaramapuram junction, after putting up a stage on the right-of-
way of Balaramapuram-Vizhinjam road and placing chairs on the
right-of-way, blocking traffic through one track of that road, are
marked as Annexure A14 in the contempt case. The said
programme was inaugurated by Kiran Narayanan IPS, District
Police Chief, Thiruvananthapuram Rural. A few screenshots of the
said news items are reproduced hereunder;
16. In view of the provisions contained in Section 369 of
the Kerala Municipality Act, 1994, which deals with prohibition of
structures or fixtures which cause obstruction in public streets,
read with Section 372 of the Act, which empowers the Secretary
to remove certain encroachments without notice, the Secretary of
the concerned Municipality has a statutory duty to remove any
structures or fixtures, which causes any obstruction in public
streets, even without notice. The said provisions in the
Municipality Act cast a statutory duty on the concerned
Municipality and its Secretary to ensure that any structures or
fixtures, which cause obstruction in the public streets, either on
the footpath or the right-of-way are removed even without any
notice to the person who has put up such structures or fixtures
posing serious threat to the safety of the road users including
pedestrians.
17. In view of the law laid down by a Division Bench of
the Madras High Court in C.S.S. Motor Service v. Madras
State [AIR 1953 Madras 279], which stands approved by the
Apex Court in Saghir Ahmad v. State of UP and others [AIR
1954 SC 728], all public streets and roads vest in the State,
but the State holds them as a trustee on behalf of the public.
Therefore, the State and the concerned Local Self Government
Institution, which hold public streets and roads as trustees, on
behalf of the public, have a duty to ensure that the right-of-way
and pedestrian facilities on such public streets and roads are
maintained without any obstructions whatsoever.
18. The directions issued by this Court in Annexure A1
judgment, which was followed by Annexure A4 judgment were
issued after considering the statutory requirements and the law
on the point, in order to ensure the safety of the road users,
which includes children of tender age, aged persons and also
persons with disabilities.
19. The holding of agitations, demonstrations, etc. by
political parties and other organisations, causing obstruction to the
free movement of pedestrians through footpaths and vehicular
traffic through the right-of-way of public roads takes place every
day, which has gone to the extent of holding such agitations etc.,
after laying carpet and placing chairs on the footpath and the
right-of-way of the public roads, and even putting up stage and
pandal on the footpath and the right-of-way of public roads,
thereby forcing the pedestrians to walk through public roads, in
unsafe circumstances.
20. In the order dated 12.12.2024, this Court noticed that
as per the statistics provided on the official website of Kerala Police,
the number of road accidents in Kerala in the year 2024, up to
October, is 40,821 in which 3,168 persons died and 45657 persons
sustained injuries. The rash and negligent driving in the State has
gone to the extent of causing accidents, in which even pedestrians
walking through the footpaths or waiting in the pedestrian facilities
provided on the side of public roads, sustain fatal injuries.
21. The stage put up on the right of way of Uppidamoodu-
Vanchiyoor road, blocking one track of that road, was in
connection with the Palayam Area Conference of the Communist
Party of India (Marxist) held on 05.12.2024, even blocking the
movement of pedestrians through the pedestrian crossing (zebra
crossing) provided on that road. Vanchiyoor Police Station is on
the very same road, a few meters away from the place where the
stage was put up.
22. After the filing of this contempt case on 05.12.2024,
'36 Hours Satyagraha' by the Joint Council of State Service
Organisations was held on 10.12.2024 and 11.12.2024, in front of
the Government Secretariat, after laying carpet and placing chairs
on the footpath and the right-of-way of the public road, and after
putting up a pandal on the footpath and a stage on the footpath
and right-of-way of the public road.
23. After the order of this Court dated 10.12.2024 in this
contempt case, a 'Dharna' was conducted by the leaders of the
Indian National Congress on 11.12.2024, in front of Kochi
Corporation Office, after laying carpet and placing chairs on the
footpath of the public road and after putting up a pandal on the
footpath.
24. After the order of this Court dated 12.12.2024 in this
contempt case, the program 'Jwala-Vanitha Junction' was
conducted by Balaramapuram Grama Panchayat on 01.01.2025,
at Balaramapuram Junction, after putting up a stage on the right-
of-way of Balaramapuram-Vizhinjam road and placing chairs on
the right-of-way, by blocking traffic through one track of that road.
The said program was inaugurated by Kiran Narayanan, IPS,
District Police Chief, Thiruvananthapuram Rural.
25. In the stage put up at Vanchiyoor on the right of way
of Uppidamoodu-Vanchiyoor road, blocking one track of that road,
a drama by KPAC was performed in connection with Palayam Area
Conference of the Communist Party of India (Marxist). In the stage
put up at Balaramapuram Junction, in connection with 'Jwala-
Vanitha Junction', on the right-of-way of Balaramapuram-
Vizhinjam road and placing chairs on the right-of-way by blocking
traffic through one track of that road, cultural programs were
performed, as evident from Annexure A13 notice.
26. The directions issued by this Court in Annexure A1
judgment, which was followed by Annexure A4 judgment, were
openly flouted while conducting Palayam Area Conference of the
Communist Party of India (Marxist) at Vanchiyoor, '36 Hours
Satyagraha' by the Joint Council of State Service Organisations in
front of Government Secretariat, 'Dharna' by the leaders of the
Indian National Congress in front of Kochi Corporation Office and
'Jwala-Vanitha Junction' by Balaramapuram Grama Panchayat at
Balaramapuram Junction. Neither the Police nor the concerned
Municipal Corporation/Grama Panchayat has taken any action to
prevent putting up of pandal, stage, etc. on the right-of-way and
footpath of public roads, openly flouting the directions contained
in Annexures A1 and A4 judgments of this Court.
27. The program at Balaramapuram Junction, on the stage
put up on the right-of-way of Balaramapuram-Vizhinjam road, was
inaugurated by none other than the District Police Chief,
Thiruvananthapuram Rural, as evident from the screenshots
reproduced hereinbefore at paragraph 15. Various political leaders
were on the stage put up on the right-of-way of Uppidamoodu-
Vanchiyoor road for the Palayam Area Conference of the
Communist Party of India (Marxist); on the footpath of the public
road in front of the Government Secretariat in connection with '36
Hours Satyagraha' by Joint Council of State Service Organisations;
and on the pandal put up on the footpath of the public road in
front of Kochi Corporation Office in connection with the 'Dharna'
by the Indian National Congress.
28. Having considered the preliminary arguments of the
petitioner, who appeared in person, and the learned Additional
Advocate General, we are satisfied that the petitioner has made
out a prima facie case for ordering notice to the respondents, in
terms of the provisions contained in Rule 9 of the Contempt of
Courts (High Court of Kerala) Rules under the Contempt of Courts
Act, 1971.
29. Issue notice to respondents 1 to 4 and also to additional
respondents 5 to 19, in Form No.I, as provided under Rule 9(i)(b)
of the Contempt of Courts (High Court of Kerala) Rules under the
Contempt of Courts Act, returnable by 10.02.2025. A copy of this
order shall also be enclosed along with the said notice.
30. The personal appearance of the 2nd respondent, who is
the State Police Chief and the 11th respondent, who is the Chief
Secretary to Government, is dispensed with.
31. The learned Additional Advocate General would submit
that the personal appearance of the official respondents 3, 4, 5, 9,
18 and 19 may also be dispensed with.
32. As already noticed hereinbefore, the 19th respondent
District Police Chief, Thiruvananthapuram Rural was on the stage
put up in connection with 'Jwala-Vanitha Junction', on the right-of-
way of Balaramapuram-Vizhinjam road, by blocking traffic through
one track of that road. The stage in connection with the Palayam
Area Conference of the Communist Party of India (Marxist) was
also put up on the right-of-way of Uppidamoodu-Vanchiyoor road,
by blocking traffic through one track of that road. The stage in
connection with '36 Hours Satyagraha' by the Joint Council of
State Service Organisations was put up on the right-of-way and
footpath of the public road in front of the Government Secretariat.
The pandal in connection with the 'Dharna' by the Indian National
Congress was put up on the footpath of the public road in front of
Kochi Corporation Office. The pleadings and materials on record
would prima facie show that respondents 3, 4, 5, 9, 18 and 19
have not taken any steps to prevent such activities on public roads,
openly flouting the directions contained in Annexure A1 and A4
judgments of this Court. In such circumstances, we find no reason
to dispense with the personal appearance of the said respondents
in Court on 10.02.2025, as per the requirements of Rule 9(i)(b) of
the Contempt of Courts (High Court of Kerala) Rules under the
Contempt of Courts Act.
List on 10.02.2025 at 02:00 p.m. for personal appearance
of respondents 1, 3 and 4, additional respondents 5 to 10 and 12
to 19 and for return of notice on respondents 2 and 11.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
Dxy
09-01-2025 /True Copy/ Assistant Registrar
APPENDIX OF CON.CASE(C) 3252/2024
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 23.6.2010 IN
W.P.(C)NO.19253 OF 2010
Annexure A2 TRUE COPY OF THE ORDER DATED 13.8.2010 IN R.P.NO.670 OF
Annexure A3 TRUE COPY OF THE ORDER DATED 6.1.2011 IN
S.L.P.(C)NO.35169 OF 2010
Annexure A4 TRUE COPY OF THE JUDGMENT DATED 22.3.2012 IN
W.P.C.NOS.32428 AND 32429 OF 2011
Annexure A5 TRUE COPY OF THE PHOTOGRAPH PUBLISHED ON 5.12.2024 IN
MANORAMA ONLINE
Annexure A7 THE VIDEO CLIPPINGS PUBLISHED BY MATHRUBHUMI AND
ASIANET NEWS (CONFIDENTIAL/SEALED COVER) ON 05/12/2024.
Annexure A8 THE PHOTOGRAPHS TAKEN FROM SCREEN SHOT OF THE VIDEOS
TELECASTED BY NEWS CHANNELS
Annexure A9 PHOTOGRAPH TAKEN FROM SCREEN SHOT OF THE VIDEO
TELECASTED BY NEWS CHANNEL
Annexure A10 THE VIDEO CLIPPINGS PUBLISHED BY NEWS CHANNELS
(CONFIDENTIAL/SEALED COVER) ON 11/12/2024 IN RESPECT OF
BOTH THE INCIDENTS AT THIRUVANANTHAPURAM AND
ERNAKULAM.
Annexure A11 THE CERTIFICATE UNDER SECTION 65(B) (4) (C) OF THE
INDIAN EVIDENCE ACT READ WITH SECTION 63 OF BHARATIYA
SAKSHYA ADHINIYAM, 2023.
Annexure A12 THE NEWS ITEM PUBLISHED IN MANORAMA ONLINE DATED
4.1.2025 ABOUT THE CONSTRUCTION OF STAGE ENCROACHING
INTO THE ROAD
Annexure A13 THE TRUE COPY OF THE NOTICE DATED NIL FOR JWALA VANITHA
JUNCTION CONDUCTED AT THE AEGIS OF BALARAMAPURAM GRAMA
PANCHAYAT
Annexure A14 THE PHOTOGRAPHS TAKEN FROM THE SCREEN SHOT OF THE VIDEO
TELECASTED BY MANORAMA NEWS (11 PHOTOS)
Annexure A15 THE CERTIFICATE UNDER SECTION 65(B)(4)(C) OF THE INDIAN
EVIDENCE ACT READ WITH SECTION 63 OF THE BHARATIYA
SAKSHYA ADHINIYAM, 2023
Annexure R2(a) COPY OF THE CIRCULAR DATED 23/09/2011 IN CIRCULAR NO.
30/2011 OF POLICE HEADQUARTERS
Annexure R2(b) COPY OF THE CIRCULAR DATED 18/04/2012 IN CIRCULAR NO.
9/2012 OF POLICE HEADQUARTERS
Annexure R2(c) COPY OF THE FIR REGISTERED AT VANCHIYOOR POLICE STATION
AS CRIME NO. 1254/24.
Annexure R2(d) COPY OF THE FIR REGISTERED AT CANTONMENT POLICE STATION
AS CRIME NO. 1263/24.
Annexure R2(e) COPY OF THE FIR REGISTERED AT ERNAKULAM CENTRAL POLICE
STATION AS CRIME NO. 1810/24.
09-01-2025 /True Copy/ Assistant Registrar
