Citation : 2025 Latest Caselaw 9956 Ker
Judgement Date : 22 October, 2025
CON.CASE(C) NO. 1742 OF 2025
1
2025:KER:78511
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
CON.CASE(C) NO. 1742 OF 2025
AGAINST THE JUDGMENT DATED 10.03.2025 IN WP(C) NO.7216
OF 2025 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
VIJAYAN C.K
AGED 54 YEARS
S/O. KUNJU, CHERUMKUZHYMOLATH HOUSE, 'AMBEDKAR
COLONY',PINARMUNDA, KUNNATHUNAD VILLAGE, KUNNATHUNAD
TALUK, ERNAKULAM DISTRICT-, PIN - 683565
BY ADVS.
SRI.PAUL K.VARGHESE
SMT.A.A.GEETHA
RESPONDENT/2ND RESPONDENT:
SHEFEEK
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)
THE SECRETARY DISTRICT PANCHAYATH OFFICE, CIVIL
STATION, THRIKKAKARA, KAKKANAD, ERNAKULAM, PIN -
682030
BY ADV SHRI.MOHAMMED SIYAD M.F.
OTHER PRESENT:
GP SMT JESSY S SALIM
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 22.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 1742 OF 2025
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2025:KER:78511
P.V.KUNHIKRISHNAN,J.
---------------------
Contempt of Court Case (C) No.1742 of 2025
---------------------------
Dated this the 22nd day of October, 2025
JUDGMENT
This Contempt of Court Case is filed alleging
violation of the directions in the judgment dated
10.03.2025 in W.P.(c) No.7216/2025. The directions
issued by this Court is extracted hereunder:-
"2. Today, when the matter came up for consideration, the learned Special Government Pleader upon instruction submitted that the feasibility certificate as required by the 2 nd respondent vide Ext.P1 is already furnished on 05.03.2025.
In the light of the above, this writ petition is disposed of directing the 2nd respondent to expedite the proceedings and complete the project of construction as expeditiously as possible."
2. Now, it is alleged that the directions are not
complied with. A counter affidavit is filed by the CON.CASE(C) NO. 1742 OF 2025
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respondent. Paragraph 11 of the counter is extracted
hereunder;-
"9. It is respectfully submitted that the judgment passed by this Hon'ble Court was placed before the next District Panchayat committee held on 29.3.2025 and as per Resolution No.15 (1) it was decided to revise the existing project with necessary re-allocation of funds as specified in the feasibility certificate.
10. It is also submitted that the Local self government institutions as mandated in section 175 of Kerala Panchayat Raj Act undertake annual plan for a financial year consisting of various projects as part of its annual plan. The annual plan for a financial year is formulated during the last quarter of the previous financial year and finalised during the initial months of the current financial year. The projects are executed before 31st March of the year. In this case there was inordinate delay on the part of 4th respondent in issuing the feasibility certificate and therefore the project could not be executed in the financial year 2024-2025. As per the plan guidelines and various Government orders the formulation and execution of projects are managed through Sulekha software and as per the Government orders issued enabling revisions of projects. Accordingly Revision Order No.G.O (Rt) No.1019/2025/LSGD dated 23.4.2025 was issued CON.CASE(C) NO. 1742 OF 2025
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sanctioning revision and this respondent as per committee Resolution No.1(1) dated 9.5.2025 issued revised administrative sanction and the revised project No - 941/26 was taken and got approved by the District Planning Committee (DPC) held on 26.05.2025.
11. It is submitted that as part of Initiating steps for execution of the project Kerala water authority was contacted for execution of agreement and deposit of the Rs.20 Lakhs. However in response to our communication, I have received letter number A1-P-1600/2023 dated 19.8.2025 of the 5th respondent Executive Engineer PH Division Aluva, Informing that a project under Jal Jeevan Mission (JJM) is under execution covering the area of Mazhuvannoor, Alkkaranadu and Kunnathunadu Grama Panchayats with a tank capacity of 20 lakhs Ltrs and that the agreement with the contractor for the sald project was executed on 24.10.2024. It is also informed that upon completion of the above project water tank of 1 Lakh Litre capacity proposed to be constructed under the District Panchayat project at Ambekar Colony Kunnathunadu Geama Panchayath will be left useless and the public fund will be wasted."
3. Admittedly, there is no time limit fixed by this
Court in the impugned judgment. This Court perused the CON.CASE(C) NO. 1742 OF 2025
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counter filed by the respondent and also especially para 11
of the counter. I see there is no contempt in this case. But, I
make it clear that the respondent will do the needful as
directed by this Court in judgment dated 10.03.2025 in
W.P.(c) No.7216/2025 expeditiously.
With the above observations, the Contempt of Court
Case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
Judgment reserved NA
Date of Judgment 22/10/25
Judgment dictated 22/10/25
Draft Judgment placed 22/10/25
Final Judgment uploaded 24/10/25
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