Abraham Jacob v. Narayanan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 18TH DAY OF AUGUST 2015/27TH SRAVANA, 1937 Con.Case(C).No. 1198 of 2015 (S) ---------------------------------------------------- (AGAINST THE JUDGMENT IN WP(C).NO. 24236/2014 DATED 10/11/2014) -------------- PETITIONER/PETITIONER :

----------------------------------------- ABRAHAM JACOB, AGED 36 YEARS, S/O. P.A.JACOB, PATHIRAVELIL HOUSE, ERAVIPEROOR PANCHAYATH, VALLAMKULAM MURI, THIRUVALLA TALUK.

BY ADVS.SRI.P.HARIDAS SRI.P.C.SHIJIN RESPONDENT(S)/RESPONDENTS 2,3,5,6 & 7:

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1. SRI.NARAYANAN, AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS DISTRICT POLICE CHIEF, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689 645.

2. SRI. JACOB SAMUEL, AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN-689 645.

3. SRI. G.SANTHOSH KUMAR, AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESENTLY WORKING AS SUB INSPECTOR OF POLICE, KOIPPURAM POLICE STATION, PIN-689 645.

4. THAMBI CHACKO, AGED 63 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, KODUMTHARA HOUSE, NELLIMALA, THATTEKAD MURI, KOIPURAM VILLAGE, PIN-689 548.

5. BOBY JACOB, AGED ABOUT 35 YEARS, S/O. THAMPI CHACKO, KODUMTHARA HOUSE, NELLIMALA, THATTEKAD MURI, KOIPURAM VILLAGE, PIN-689 548. R1 TO R3 BY GOVERNMENT PLEADER R4 BY SRI.JACOB P.ALEX THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 18-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

COC.NO.1198/2015 APPENDIX PETITIONER'S ANNEXURES:

ANNEX 1 COPY OF THE JUDGMENT IN WP(C).NO.24236/2014 DATED 10/11/2014 ANNEX 2 COPY OF THE PHOTOGRAPHS SHOWING BOULDERS DUMPED IN FRONT OF THE WORK SHOP.

ANNEX 3 COPY OF THE PHOTOGRAPHS SHOWING MISCHIEF'S OF THE 4TH RESPONDENT ANNEX 4 COPY OF THE COMPLAINT MADE BY PETITIONER BEFORE THE 1ST RESPONDENT, WITH COPIES TO RESPONDENT 2 AND 3 DATED 02/08/2015 RESPONDENT'S ANNEXURES:

NIL /TRUE COPY/ P.A.TO JUDGE sts

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

* * * * * * * * * * * * * Cont.Case No.1198 of 2015 ---------------------------------------- Dated this the 18th day of August 2015

J U D G M E N T

Shaffique, J Petitioner has approached this Court alleging noncompliance of the judgment dated 10/11/2014 in W.P.C.No.24236/2014.

2.

Even according to the petitioner, it is after the judgment of this Court dated 10/11/2014, the rubbles have been dumped on the road which he is using. In the aforesaid judgment, we only observed that the rubbles dumped by the respondents have already been removed, at the relevant time. Under such circumstances, we do not think that a case of wilful contempt has arisen in the case and accordingly this contempt case is dropped.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr