Aneesh Rahim v. Shri. Premachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 Con.Case(C).No. 289 of 2015 ----------------------------------------- AGAINST THE ORDER IN WP(C) NO.22184/2014 DATED 01-09-2014 CONTEMPT PETITIONER/PETITIONER:
------------------------------------------------------- ANEESH RAHIM, AGED 38 YEARS THAIPARAMBIL, PALLIKKACHIRA, KAVALA P.O., PAYIPAD, CHANGANACHERRY, KOTTAYAM DISTRICT.
BY ADVS.SRI.P.SREEKUMAR SRI.SOORAJ T.ELENJICKAL SRI.B.PRASANTH RESPONDENT/RESPONDENT NO.1:
--------------------------------------------------- SHRI. PREMACHANDRAN, FATHER'S NAME NOT KNOWN TO THE PETITIONER AGE NOT KNOWN TO THE PETITIONER, SECRETARY, THIRUVALLA MUNICIPALITY, MUNICIPAL OFFICE, THIRUVALLA.
BY ADV. SRI.S.SUBHASH CHAND SRI.PIRAPPANCODE V.S.SUDHIR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No. 289 of 2015 ----------------------------------------- APPENDIX PETITIONER'S ANNEXURE:
ANNEXURE A1:
TRUE COPY OF THE ORDER IN W.P.(C) NO.22184/2014 DATED 01/09/2014.
RESPONDENT'S ANNEXURES:
ANNEXURE R1:
TRUE COPY OF THE COMPLAINT DATED 21/8/2014 THUS SUBMITTED BY THE PETITIONER ANNEXURE R2:
TRUE COPY OF THE NOTICE DATED 23/8/2014 THUS ISSUED TO SRI.SHAJI AMBRAYIL, RAMANCHIRA ANNEXURE R3:
TRUE COPY OF THE BUILDING PERMIT BEARING No.BP 360/14-15 DATED 20/1/2015 /TRUE COPY/ P A TO JUDGE MJL
C.K. ABDUL REHIM, J.
--------------------------- Cont.Case (C)No.289 of 2015 ------------------------------------ Dated this the 1st day of April, 2015
JUDGMENT
This Contempt of Court Case was filed alleging violation of Annexure A1 order passed by this court on 01/09/2014. By virtue of the said interim order the respondents 1 and 2 therein was directed to take steps to stop illegal/unauthorised construction if any going on, as alleged in the writ petition.
2. In the affidavit filed by the respondent it is mentioned that there is no illegal/unauthorised construction going on the site in question. The 3rd respondent in Annexure A1 order was already issued with a Building Permit, dated 20/01/2015, for construction of a commercial building at the site in question. The construction now being carried on in the site is only on the basis of the said Building Permit.
3. Under the above mentioned circumstances this court do not find any reason to proceed further in this
Cont.Case (C)No.289 of 2015 2 Contempt of Court Case, since it is convinced that there is no violation of Annexure A1 order.
Therefore the Contempt of Court Case is hereby closed.
Sd/-C.K. ABDUL REHIM JUDGE MJL