Nature Super Market v. K.Surya Prakash

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 Con.Case(C).No. 144 of 2015 (S) IN WP(C).24172/2014 ----------------------------------------------------- JUDGMENT IN WP(C) 24172/2014 DATED 12-12-2014 ------------- PETITIONER(S) :- ----------------- NATURE SUPER MARKET, A FIRMA REGISTERED UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS OFFICE AT V.M.C. 6/219 BCDEF NEAR MUNICIPAL BUS STAND, VARKALA THIRUVANANTHAPURAM DISTRICT - 695 141.

(REPRESENTED BY ITS PARTNER INDIRA DEVI. S, AGED 59 YEARS, D/O.SREEDHARAN RESIDING AT SWAPNA NIVAS, VILAKKATHU KONAM PAZHAYAKUNNUMMEL, KILIMANOOR P.O.

PAZHAYAKKUNNUMMEL VILLAGE, CHIRAYINKEEZHU TALUK THIRUVANANTHAPURAM DISTRICT.

BY ADV.SRI.JOHNSON GOMEZ BY ADV.SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S)/SECOND RESPONDENT :- ------------------------------------ K.SURYA PRAKASH, AGED 57 YEARS SON OF KUNJUKRISHNAN, THE CHAIRMAN THE VARKALA MUNICIPALITY OFFICE OF THE VARKALA MUNICIPALITY, VARKALA THIRUVANANTHAPURAM.

BY ADV. SRI.M.R.RAJESH, SC, VARKALA MUNICIPALITY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 144 of 2015 (S) IN WP(C).24172/2014 ----------------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- ANNEXURE A1: A TRUE COPY OF THE JUDGMENT DATED 12TH DECEMBER 2014 IN WPC NO. 24172 OF 2014 PASSED BY THIS HON'BLE COURT. ANNEXURE A2: A TRUE COPY OF THE ORDER NO. A2-13160/2014 DATED 27/01/2015 ISSUED BY THE SECRETARY OF THE VARKALA MUNICIPALITY.

ANNEXURE A3: A TRUE COPY OF THE NOTICE DATED 30/01/2015 ISSUED BY THE RESPONDENT.

RESPONDENT(S)' EXHIBITS :- NIL -------------------------------- //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & K. VINOD CHANDRAN, J.

-------------------------------------------- Cont. Case (C) No.144 of 2015 -------------------------------------------- Dated this the 18th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ.

This contempt case has been filed by the petitioner praying for initiating contempt proceedings for non-compliance of the directions issued in the judgment dated 12.12.2014 in W.P.(C) No.24172 of 2014. The learned Single Judge directed that the application for licence submitted by the petitioner shall be considered and appropriate orders shall be passed thereon within a period of one month.

2.

The learned Standing Counsel appearing for the Municipality submits that the Secretary has already taken a decision for granting licence. However, the Chairman, as directed by Annexure A3, kept in abeyance the said decision till the matter is decided by the Council. Subsequently, the Council has decided to go in appeal. Now, since the Municipality has decided to withdraw the appeals, W.A.No.609 of 2015 and W.A.No.594 of 2015, filed by them, this Court, by a common judgment dated 18.9.2015 the said appeals have been dismissed as withdrawn. It

Cont. Case (C) No.144 of 2015 -: 2 :- is submitted by the learned Standing Counsel appearing for the Municipality that the order has already been handed over to the petitioner.

In the above view of the matter, we are of the view that no case has been made out to initiate contempt proceedings. Accordingly, the Contempt Case is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- K. VINOD CHANDRAN J UDGE Jvt/22.9.2015.