P.Kesavan v. Sri.K.G.James, Commissioner Of Police, Ekm

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 Con.Case(C).No. 977 of 2015 (S) IN WA.1629/1998 ------------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WA 1629/1998 DATED 13-08-1998 .......................

PETITIONER :

---------------- P.KESAVAN "KALYANI", NO. 25, GIRI NAGAR, KOCHI - 682 020.

BY ADVS.SRI.ANIL SIVARAMAN SMT.RAJI VINCENT RESPONDENTS :

--------------------

1. SRI.K.G.JAMES, COMMISSIONER OF POLICE, REVENUE TOWERS, PARK AVENUE, ERNAKULAM - 682 011. (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITONER).

2. JAGJITH SINGH, ASHIRWAD, KADAVANTHRA, KOCHI- 682 020.

(FATHER'S NAME AND AGE NOT KNOWN TO THE PETITONER). R1 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR R2 BY ADV. SRI.V.S.CHANDRASEKHARAN (SR.) ADV. SRI.M.V.DAS THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Con.Case(C).No. 977 of 2015 (S) IN WA.1629/1998 ---------------------------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 : TRUE COPY OF JUDGMENT DATED 22.07.1998 IN O.P. No.12718/1998.

ANNEXURE A2 : TRUE COPY OF JUDGMENT DATED 13.08.1998 IN W.A. No.12629/1998.

ANNEXURE A3 : TRUE COPY OF LEGAL NOTICE DATED 27.03.2015

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- Cont. Case (C) No.977 of 2015 -------------------------------------------- Dated this the 9th day of July 2015

J U D G M E N T

Shaffique, J This contempt case has been filed alleging non-compliance of the directions issued by this Court in W.A.No.1629 of 1998. 2.

In the writ appeal, the petitioner herein is the 3rd respondent. The issue in the said case related to parking of inter-state contract carriage buses by the 2nd respondent. It is alleged that now, the 2nd respondent is parking his vehicles violating the directions issued in the said judgment and that the first respondent has not taken any action in the matter. 3.

A perusal of the judgments in W.A.No.1629 of 1998 and O.P.No.12718 of 1998 would indicate that the restriction imposed was for parking heavy stage carriage vehicles. As matter stands now, the 2nd respondent is parking only light vehicles, that too, within his compound. He had already filed W.P.(C) No.20189 of 2015 before this Court, in which, we have considered the aforesaid issue.

Cont. Case (C) No.977 of 2015 -: 2 :- Under such circumstances, we do not find any willful contempt in this case. Accordingly, this contempt case is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt