Avukkariyanakath Abdulla v. G.Murali

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH DAY OF DECEMBER 2012/29TH AGRAHAYANA 1934 Con.Case(C).No. 1981 of 2012 (S) IN WPC/9759/2012 -------------------------------------------------- AGAINST THE JUDGMENT IN WPC.9759/2012 DATED 05-06-2012 PETITIONER/PETITIONER IN WP(C):

------------------------------ AVUKKARIYANAKATH ABDULLA, AGED 41 YEARS, S/O.SIDHEEQ, AVUKKARIYANAKATH HOUSE, NEAR GOVT.HOSPITAL, PONNANI NAGARAM P.O., MALAPPURAM DIST. 679583.

REPRESENTED BY POWER OF ATTORNEY HOLDER, AVUKKARIYANAKATH FATHIMMA, D/O. SIDHEEQ, AGED 31 YEARS, AVUKKARIYANAKATH HOUSE, NEAR GOVT. HOSPITAL, PONNANI NAGARAM P.O., MALAPPURAM DIST.679583.

BY ADVS.SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT/2ND RESPONDENT IN WP(C):

---------------------------------- G.MURALI, S/0.GOPALAN.V, AGED 45 YEARS, SECRETARY, PONNANI MUNICIPALITY, MUNICIPAL OFFICE PONNANI, PONNANI P.O., MALAPPURAM DIST.

679586.

BY SRI.C.M.MOHAMMED IQUABAL,SC,PONNANI MUNICIPALITY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Con.Case(C).No. 1981 of 2012 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE-A1 : TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 07.08.2012.

ANNEXURE-A2 : TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT MUNICIPALITY.

RESPONDENT'S ANNEXURES: NIL.

/TRUE COPY/ P.A.TO JUDGE

ANTONY DOMINIC,J -------------------------------- C.O.(C)No.1981 of 2012 ------------------------------------- Dated this the 20th day of December, 2012

JUDGMENT

It is complaining of non-compliance with the directions in the judgment of this Court in W.P.(c) No.9759 of 2012, this Contempt Case is filed. By that judgment, this Court directed the respondents to pass orders on Ext.P5 mentioned therein with notice to the petitioner.

2. According to the counsel for the respondent on account of the non-availability of the petitioner, notice could not be served on him and that caused the delay. Although, counsel for the petitioner agrees that the petitioner is outside the country, counsel contends that he is represented in the proceedings by his Power of Attorney holder.

3. Therefore, I direct that the Power of Attorney holder will appear before the respondent on 3rd or 4th of January, 2013, when after hearing him, the respondent will pass orders as directed above.

C.O(c) No.1981 of 2012 : 2 :

Petitioner will produce a copy of this judgment before the respondent for compliance.

The Contempt Case is closed.

Sd/- ANTONY DOMINIC, JUDGE ln