Silvester C v. Kunjukunju

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 Con.Case(C).No. 1024 of 2014 (S) ---------------------------------------- WP(C) 21426/2013 of THIS HONOURABLE COURT -------------------- PETITIONER :

------------------ SILVESTER .C, AGED 49 YEARS, S/O.CHINNAPPA NADAR, 4/329, NILA NAGAR, KINASSERI PANCHAYAT, KINASSERI.P.O., PALAKKAD-678707. BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS :

---------------------- KUNJUKUNJU,AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER THE SECRETARY, KANNADI GRAMA PANCHAYAT, KANNADI PALAKKAD DISTRICT, PIN-678701.

R1 BY ADV. SRI.P.R.VENKETESH THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

Con.Case(C).No. 1024 of 2014 (S) APPENDIX PETITIONER'S ANNEXURES :

ANNEXURE A1:

COPY OF THE JUDGMENT DT 21/OCTOBER 2013 IN WRIT PETITION CIVIL NUMBER 21426/2013 OF THIS HONOURABLE COURT RESPONDENT'S ANNEXURES :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

K.SURENDRA MOHAN, J.

--------------------------------------------- Cont. Case (C) No.1024 of 2014 ---------------------------------------------- Dated this the 13th day of January, 2015

JUDGMENT

The petitioner has filed this contempt case alleging the Respondent's wilful violation of the direction of this Court contained in the judgment dated 21.10.2013, in spite of the direction in Annexure-A1 judgment. It is alleged that the Respondent has passed Annexure-A2 order rejecting the application for building permit submitted by the petitioner.

2. Heard.

3. The direction in Annexure-A1 judgment was to ascertain whether the petitioner's property had undergone transformation before the coming into force of Act 28 of 2008, before passing orders on the petitioner's application. What is stated in Annexure-A2 order is that the petitioner has not produced any documents evidencing that the property had been converted ten years prior to 31.07.2008. The petitioner has already challenged the said order in W.P.(C) No.31025/2014,

Cont. Case (C) No.1024/2014 which is pending.

4. Since orders have been passed in compliance with the direction of this Court, which order is the subject matter of challenge in another writ petition pending before this Court, I do not consider it necessary to pursue this Contempt Case further.

For the above reason, this Contempt of Court Case is closed.

Sd/- K.SURENDRA MOHAN, JUDGE //true copy// P.S. To Judge St/-