IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 Con.Case(C).No. 561 of 2011(S) ------------------------------ AGAINST JUDGMENT IN W.P.(C) No.23681/2010 DATED 31/08/2010 ................... PETITIONER/PETITIONER: ---------------------------- MAIDHEEN MUHAMMED , AGED 78 YEARS S/O.MAIDEEN, ILAVUMCHALIL, NELLIKUZHI PO, KOTHAMANGALAM. BY ADV. SRI.A.X.VARGHESE RESPONDENTS/RESPONDENTS 1 TO 4: ------------------------------------------- 1. DR.P.PRABHAKARAN, (FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER), CHIEF SECRETARY, STATE OF KERALA, SECRETARIAT THIRUVANANTHAPURAM. 2. P.I.SHAIQ PAREETH,(FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER), THE DISTRICT COLLECTOR,ERNAKULAM. 3. K.J.JOSEPH,(FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER), THE TAHSILDAR,TALUK OFFICE, KOTHAMANGALAM. 4. RAJASEKHARAN,(FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER), THE VILLAGE OFFICER, ERAMALLUR VILLAGE OFFICE. R1 TO R4 BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVACIS THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Con.Case(C).No. 561 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: ANNEXURE A-1: CERTIFIED COPY OF THE JUDGMENT DATED 31/8/2010 IN W.P.(C) 23681/2010 OF THE HON'BLE HIGH COURT. ANNEXURE A-2: TRUE COY OF THE FORWARDING LETTER DATED 18/10/2010. ANNEXURE A-3: TRUE COPIES OF THE ACKNOWLEDGEMENT CARD. ANNEXURE A-4: TRUE COPY OF THE CONTEMPT NOTICE DATED 23/12/2010. ANNEXURE A-5: TRUE COPIES OF THE ACKNOWLEDGEMENT CARD. ANNEXURE A-6: TRUE COPY OF THE FORWARDING LETTER DATED 08/03/2011. ANNEXURE A-7: TRUE COPY OF THE ACKNOWLEDGMENT CARD. ANNEXURE A-8: TRUE COPY OF THE FORWARDING NOTE ALONG WITH THE ORDER. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 561 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of September, 2011 JUDGMENT Ramachandra Menon, J. The encroachment over road puramboke at Nellikuzhi junction near Kothamangalam was ordered to be removed as per judgment dated 31.08.2010 in W.P.(C) No.23681 of 2010. Alleging wilfull disobedience in giving effect to the direction issued in this regard, the petitioner has approached this Court by filing the Contempt Petition. 2. Pursuant to the notice issued, the 2nd respondent has filed an affidavit whereby the sequence of events has been furnished, pointing out that there were almost 17 encroachments, including by the Nellikuzhy Grama Panchayat and that proper steps were taken to see that the encroachments abated. Accordingly, the encroachers were evicted from the road concerned, but three encroachments remained, the particulars of which are given in paragraph 5 of the said affidavit. It is also stated therein that appropriate Contempt Case (Civil) No. 561 of 2011 -:2:- steps are being taken to evict the said encroachers as well. 3. Subsequently, an additional affidavit dated 14.09.2011 has been filed before this Court as to the turn of events, wherein it has been stated that, out of the remaining three encroachers, two encroachers have already demolished the unauthorised extensions/encroachments; whereas in the other case, the concerned party has moved this Court by filing W.P.(C) No. 9022 of 2011, wherein an interim order of stay was granted on 22.06.2011, which was extended until further orders as per order dated 19.08.2011. The respondents have also tendered 'unconditional apology' with regard to the delay in implementing the verdict as above. 3. After hearing both the sides, we find that the respondents have given effect to the verdict passed by this Court and nothing remains further to be considered in the contempt petition filed under Section 12 of the Contempt of Courts Act, 1971. Contempt Case (Civil) No. 561 of 2011 -:3:- In the said circumstance, the Contempt Case is closed, as no further proceedings are necessary. J.Chelameswar, Chief Justice. P.R.Ramachandra Menon, Judge. ttb