High Court of KeralaCon.Case(C)/1356/2014closed

C J Pauly v. Basheer

2015-01-12Honourable Mr.Justice C.T.Ravikumar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 Con.Case(C).No. 1356 of 2014 (S) IN WP(C).4310/2014 ----------------------------------------------------- AGAINST THE ORDER IN WP(C) 4310/2014 of HIGH COURT OF KERALA DATED 04-08-2014 PETITIONER(S):

---------------- C J PAULY, AGED 45 YEARS S/O. JOSEPH CHETTUPUZHAKKARAN HOUSE, C.J. JOSEPH AND SONS PAPERMART, XXVI/1290/1, ROLY COMPLEX PALAKKALANGADI, THRISSUR - 680 001.

BY ADVS.SRI.G.SREEKUMAR (CHELUR) SRI.K.R.ARUN KRISHNAN RESPONDENT(S):

------------------ BASHEER, SECRETARY, THRISSUR CORPORATION, FATHER'S NAME NOT KNOWN, AGE NOT KNOWN AND OTHER PERSONAL ALSO DETAILS NOT KNOWN 680001 BY SRI.K.P.VIJAYAN,SC,THRISSUR CORPORATION THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Con.Case(C).No. 1356 of 2014 (S) IN WP(C).4310/2014 ----------------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- ANNEXURE I:- A CERTIFIED COPY OF THE ORDER IN WP(C) NO. 4310 OF 2014 DATED 04-08-2014 OF THIS HONOURABLE COURT.

RESPONDENT(S)' EXHIBITS:- NIL //TRUE COPY// P.A. TO JUDGE dlk

C.T.RAVIKUMAR, J --------------------------------------- C.O.(C). No. 1356 of 2014 ---------------------------------------- Dated this the 12th day of January, 2015

JUDGMENT

The captioned contempt petition has been filed alleging wilful disobedience with the directions of this Court in the interim order 4.08.2014 in W.P.(C) No.4310/2014. The allegation of the petitioner is that the respondents have locked the premise in question and thereby committed wilful violation of the order passed by this Court. A perusal of the order passed by this Court on 4.8.2014 would reveal that this Court has directed the second respondent to ensure that the petitioner is not running the shop in question without a licence/permit and that apart no other specific direction was issued by this Court on that day. In the said circumstances, no prima facie case has been made out to initiate proceedings against the respondent for commission of wilful disobedience of the order of this Court and accordingly it is closed. However, it is made clear that in case of any further grievance in the matter it will be open to the petitioner to move appropriate petition in the writ petition itself.

Sd/- C.T.RAVIKUMAR,JUDGE.

dlk