P.R Ajayakumar v. Abdul Rahim

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 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 Con.Case(C).No. 1502 of 2015 (S) ------------------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 15673/2015 DATED 04-08-2015 ---------------- PETITIONER/PETITIONER :

--------------------------------------- P.R. AJAY KUMAR AGED 55 YEARS, S/O.T.K.RAGHAVAN, OLICKAL HOUSE, VALIYAKULAM, CHERUKULANJI MURI, VADASSERYKARA VILLAGE, RANNI TALUK.

BY ADV. SRI.PIOUS JACOB RESPONDENT/RESPONDENTS 3 AND 4 :

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

1. ABDUL RAHIM, AGED ABOUT 50 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER CIRCLE INSPECTOR OF POLICE RANNI POLICE STATION.

2. JAYAKUMAR, AGED ABOUT 40 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER STATION HOUSE OFFICER RANNI POLICE STATION.

R1 & R2 BY SR. GOVT. PLEADER SRI.P.I. DAVIS THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

Con.Case(C).No. 1502 of 2015 (S) APPENDIX PETITIONERS' ANNEXURES :

ANNEXURE A1 : COPY OF THE PLAINT IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI.

ANNEXURE A2 TRUE COPY OF THE AFFIDAVIT IN IA NO. 681/2014 IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI. ANNEXURE A3 TRUE COPY OF THE IA NO. 682/2014 IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI.

ANNEXURE A4 COPY OF THE ORDER IN IA NO. 681/2014 IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI.

ANNEXURE A5 COPY OF THE ORDER IN IA NO. 682/2014 IN OS NO. 169/2014 ON THE FILES OF MUNSIFF'S COURT, RANNI.

ANNEXURE A6 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 15673/2015 DATED 4/8/2015.

ANNEXURE A7 COPY OF THE PHOTOGRAPHS OF THE LOCKED BATHROOM/TOILET.

ANNEXURE A8 COPY OF THE PHOTOGRAPHS OF THE LOCKED REAR PORTION OF THE BUILDING.

ANNEXURE A9 COPY OF THE RESPECTIVE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 26/8/2015.

ANNEXURE A10 COPY OF THE RECEIPT SHOWING ACCEPTANCE OF ANNEXURE A10 DATED 26/8/2015.

RESPONDENT'S ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE Mn

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

* * * * * * * * * * * * * Contempt of Court Case No.1502 of 2015 ---------------------------------------- Dated this the 8th day of October 2015

J U D G M E N T

Shaffique, J This contempt case has been filed alleging non-compliance of the directions in the judgment dated 04/08/2015. In the aforesaid judgment, we have only directed the police to ensure that Exts.P6 and P7 injunction orders dated 31/06/2014 has to be implemented and appropriate police protection be provided to the petitioner in the matter.

2.

The present complaint raised by the petitioner in the contempt case is that though the petitioner was put in possession of the premises, by locking the bath room attached to the room the landlord is compelling him to vacate the premises. The rear entry to the building is also locked.

3.

The issues now projected were not the subject matter of Exts.P6 and P7, the injunction orders which we have referred to in the judgment. Under such circumstances, we do not think that any contempt is committed by the respondent as alleged by the

petitioner.

Accordingly, we dismiss the contempt case.

(sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) True Copy PA to Judge jsr/08/10/2015