Alungal Muhammed v. Abdul Latheef

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 Con.Case(C).No. 898 of 2015 (S) IN WP(C).33182/2011 ----------------------------------------------------- PETITIONER/PETITIONER:

-------------------------------------- ALUNGAL MUHAMMED, AGED 66 YEARS, S/O.KAMMUKUTTY, ALUNGAL HOUSE, KUNDIL KOTTAPARAMBU, KONDOTTY, MALAPPURAM DISTRICT BY ADV. SRI.BABU S. NAIR RESPONDENTS/RESPONDENTS NO 4 & 6:

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1. ABDUL LATHEEF, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, KONDOTTY GRAMA PANCHAYATH, KONDOTTY MALAPPURAM DISTRICT, PIN 673638

2. ASHARAF S/O. POCKER, AGE NOT KNOWN TO THE PETITIONER, ADAMPULAN HOUSE, KUNDIL CALICUT AIRPORT P O, KONDOTTY, MALAPPURAM DISTRICT, PIN 673647 R2 BY ADVS. SRI.K.M.SATHYANATHA MENON SMT. KAVERY S THAMPI R1 BY ADV. SRI.S.SHANAVAS KHAN R BY SRI.P.VENUGOPAL THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 20-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Con. Case (c) No.898/2015 APPENDIX PETITIONERS' EXHIBITS ANNEXURE-ATRUE COPY OF THE JUDGMENT DATED 13-01-2015 IN WPC 33812/2011 OF THIS HON'BLE COURT.

RESPONDENTS' EXHIBITS EXT- R1 (a) - TRUE COPY OF THE NOTICE DATED 18-06-2015 ISSUED BY THIS RESPONDENT TO THE 2ND RESPONDENT.

EXT- R1 (b) - TRUE COPY OF THE LETTER DATED 01-07-2015 ISSUED BY THE PETITIONER TO THE SUB INSPECTOR OF POLICE, KONDOTTY. EXT- R1 (c) - TRUE COPY OF THE LETTER DATED 10-07-2015 ISSUED BY THE PANCHAYAT TO THE 2ND RESPONDENT.

EXT- R1 (d) - TRUE COPY OF THE LETTER SIGNED BY THE WITNESSES EVIDENCING THE FACTUM OF CLOSURE OF THE SLAUGHTER HOUSE OF THE SECOND RESPONDENT.

ANNEXURE-ATRUE COPY OF THE CERTIFICATE ISSUED BY THE SENIOR CONSULTANT OF GENERAL MEDICINE OF MIMS HOSPITAL, KOZHIKODE.

EXT- R2 (a) - PHOTOGRAPH SHOWING THE MAIN TANK.

EXT- R2 (b) - TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, KONDOTTY GRAMA PANCHAYAT. DATED 06-08-2015.

True copy P.A. To Judge

C.K. ABDUL REHIM, J.

------------------------------------------------- Con. Case (c) No. 898 OF 2015 ------------------------------------------------- DATED THIS THE 20th DAY OF AUGUST, 2015.

J U D G M E N T

The 2nd respondent had filed an affidavit stating that no illegal dumping of the slaughtering waste in the disputed property is being done and also assuring that no such action in violation of the directions contained in the judgment will be pursued. He has also produced a certificate issued by the 1st respondent to the effect that the 'Bio-gas plant' is now kept in a manner not usable. Learned counsel appearing of the petitioner also conceded that no action in violation of Annexure-A judgment is precipitated at present. In view of the above situation the above contempt of court case is hereby closed.

Sd/- C.K. ABDUL REHIM JUDGE True copy P.A. to Judge