V.A.Ismail v. K.T.James

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 23RD DAY OF NOVEMBER 2015/2ND AGRAHAYANA, 1937 Con.Case(C).No. 1709 of 2015 (S) IN WP(C).21461/2015 ------------------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 21461/2015 OF THE HIGH COURT OF KERALA DATED 11-08-2015 PETITIONER(S)/WRIT PETITIONER:

------------------------------ V.A.ISMAIL, AGED 59 YEARS VALIYAKATH HOUSE, CHULOOR, VALAPPAD THRISSUR DISTRICT. (MANAGING DIRECTOR, MERIDIAN HEIGHTS BUILTECH INDIA PRIVATE LTD.

DOOR NO.39/1415, SHALIMAR COMPLEX, KALATHIPARAMBU ROAD KOCHI-682061).

BY ADVS.SRI.A.V.THOMAS (SR.) SMT.M.M.JASMINE SRI.NIDHI SAM JOHN RESPONDENT(S)/RESPONDENT:

------------------------- K.T.JAMES, AGED 52 YEARS S/O.THOMAS, SECRETARY, TRIPPUNITHURA MUNICIPALITY MUNICIPAL OFFICE, TRIPUNITHURA, PIN 683201.

BY SRI.V.M.KURIAN, SC, THRIPUNITHURA MUNICIPALITY BY SRI.K.T.THOMAS THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 23-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BKA/-

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- Cont. Case (C) No. 1709 of 2015 in W.P.(C) No. 21461 of 2015 -------------------------------------------------- Dated this the 23rd day of November, 2015

J U D G M E N T

The respondent was personally present and filed an affidavit. His appearance is dispensed with. 2.

The difficulty expressed by the respondent is that he is not in a position to number the building as clearance from the Kerala Coastal Zone Management Authority has not been obtained. However, it is relevant to note that the writ petition has been disposed of directing the respondent to number the building in the light of a Division Bench decision of this Court (Ext.P16 judgment in the writ petition). Therefore, the contempt case is closed directing the respondent to number the building and issue occupancy certificate to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment, which shall be subject to the action, if any, taken by the Kerala Coastal Zone Management Authority.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/23.11.2015 //True copy// PA to Judge