Kerala High Court
N.Pushpangadan vs Shyni . E on 15 October, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:76498
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 15TH DAY OF OCTOBER 2025 / 23RD ASWINA, 1947
CON.CASE(C) NO. 1224 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.9022 OF
2025 OF HIGH COURT OF KERALA
PETITIONER/S:
N.PUSHPANGADAN
AGED 78 YEARS
S/O.NANU, SREELAKAM, NEAR CEREAMICS, KUNDARA P.O,
KOLLAM DISTRICT, PIN - 691501
BY ADV SRI.A.R.DILEEP
RESPONDENT/S:
SHYNI . E
(AGE AND FATHER OF THE RESPONDENT IS NOT KNOWN TO
THE PETITIONER) SECRETARY-IN-CHARGE, KUNDARA
GRAMA PANCHAYATH, KUNDARA, KOLLAM, PIN - 691501
BY ADV SHRI.MANOJ RAMASWAMY, SC, KUNDARA GRAMA
PANCHAYAT
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 15.10.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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CON.CASE(C) NO.1224 OF 2025
2
P.V.KUNHIKRISHNAN, J
--------------------------------
Con Case (C) No.1224 of 2025
-------------------------------
Dated this the 15th day of October, 2025
JUDGMENT
This Contempt Case (C) is filed alleging violation of the
interim order dated 11.04.2025 in W.P (C) No.9022/2025. The
interim order passed by this Court is extracted hereunder:
" The learned counsel for the respondents seek
time to file counter affidavit. Considering the fact
that, in Ext.P4, there is already a stop memo
issued to the 5th respondent by the 2nd respondent
there shall be an interim order directing the 2 nd
respondent to take further steps to implement
Ext.P4 after following the procedure in this
regard."
2. An affidavit is filed by the respondent stating that the
directions are complied. It will be better to extract the relevant
portion of the affidavit.
" 6. Later, on 11.04.2025, this Hon'ble Court issued
Annexure A1 Order, directing this respondent to
initiate steps for the implementation of Exhibit.P4
notice (W.P.(C) No. 9022/2025).
7. It is submitted that, in the meanwhile,
Sri.Nelson M filed a writ petition in W.P.(C)
No.17392 of 2025. This Hon'ble Court, as per order
dated 09.05.2025, directed this respondent to take
a decision on Exhibit.P3 representation (W.P.(C)
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CON.CASE(C) NO.1224 OF 2025
No.17392/2025) filed by Sri.Nelson M, with specific
reference to the contention that the activity is a
"green category industry" within ten days after
hearing the parties. True copy of the order in W.P.
(C) No.17392/2025 dated 09.05.2025 is produced
herewith and marked as Annexure R4. In
compliance with Annexure A1 and Annexure R4
orders on 19.05.2025 both the parties were heard,
and appropriate decisions were taken thereafter.
8. It is submitted that the fish stall is included as
SI. No.112 in the Green Category list of the Kerala
State Pollution Control Board. It was found that
the business was being operated in a building
originally assessed as Door No.9/702 in the
panchayat's records. But, since structural
alteration has been made, the said building
currently stands excluded from the assessment
register. The owner of the building, Sri.Thomas
Tharakan, had applied for a revised occupancy,
but upon finding that structural modifications had
been made, he was informed that regularisation of
the building could only be considered upon
submission of relevant documents.
9. It is submitted that in these circumstances,
Sri.Nelson was informed that a trade license could
not be issued for conducting the fish stall in the
said premises, as it is being conducted in an
unauthorised building. Thereafter, on 21.06.2025,
a notice vide No.400310/DMDOC01/GPO/
2024/4046/1 was issued directing him to stop the
said business within 24 hours. True copy of the
notice vide No.400310/DMDC01/GPO/2024/4046/1
dated 21.06.2025 is produced herewith and
marked as Annexure R5.
10. It is submitted that this respondent had also
sought police assistance on the above regard. It is
reported that at present the fish stall run by
Sri.Nelson has been completely stopped in the said
premises."
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CON.CASE(C) NO.1224 OF 2025
3. In the light of the same, there is no contempt in this
case. Moreover, the writ petition is pending before this court. The
petitioner can agitate all his contentions in the pending writ
petition.
Leaving open all the contentions of the petitioner in this
contempt case, this Contempt Case (C) is closed. The petitioner is
free to agitate the same in the writ petition.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
Judgment reserved NA
Date of judgment 15.10.2025
Judgment dictated 15.10.2025
Draft Judgment Placed 16.10.2025
Final Judgment Uploaded 17.10.2025
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CON.CASE(C) NO.1224 OF 2025
APPENDIX OF CON.CASE(C) 1224/2025
PETITIONER ANNEXURES
Annexure 1 A CERTIFIED COPY OF ORDER DATED
11.04.2025 IN W.P.(C) NO.9022 OF 2025 OF
THIS HON'BLE COURT
RESPONDENT ANNEXURES
Annexure R1 True copy of the notice vide
No.400310/PSAN04/GPO/2024/3603/(1) dated
07.11.2024
Annexure R2 True copy of the notice vide
No.400310/DMDC01/GPO/2024/4046/(1) dated
28.12.2024
Anenxure R3 True copy of the notice vide
No.400310/RPTL10/GPO/2024/4128/(2) dated
09.01.2025
Annexure R4 True copy of the order in W.P.(C)
No.17392/2025 dated 09.05.2025
Annexure R5 True copy of the notice vide
No.400310/DMDOC/GPO/2024/4046/1 dated
21.06.2025
PETITIONER ANNEXURES
Annexure 2 A true copy of application dated
16.07.2025 submitted by the petitioner
before the 3rd respondent
Annexure 3 A true copy of Communication dated
22.07.2025 from The Station House
Officer, Kundara Police Station along
with the request from the respondent
dated 16.07.2025
Annexure 4 Photographs showing the conduct of the
fish stall by the 5th respondent
