IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 CRP.No. 444 of 2006(D) ------------------------------ OS.581/2000 of PRL.M.C.KOZHIKODE-I .................... REVN. PETITIONER(S): RESPONDENT/DEFENDANT -------------------------------------------------------------------------- KOZHIKODE MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY HAVING HIS OFFICE IN MUNICIPAL CORPORATION BUILDING CALICUT-32, NAGARAM AMSOM, DESOM, KOZHIKODE TALUK. BY ADVOCATE MR..P.V.KUNHIKRISHNAN MR.K.D.BABU,SC,KOZHIKODE CORPORATION RESPONDENT/ DECREE HOLDER/PLAINTIFF -------------------------------------- V.P.MUHAMMED, S/O. MOIDU, "FASAMS" ARAVINDAGHOSH ROAD, NAGARAM AMSOM, DESOM. KOZHIKODE TALUK. BY ADVOCATE MR.C.P.MOHAMMED NIAS FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 16/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No. 444 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2009 O R D E R The Kozhikode Muncipal Corporation who is the judgment debtor in O.S. No. 581 of 2000 on the file of Principal Munsiff-I, Kozhikode is the revision petitioner. The revision is directed against the order of the Principal Munsiff dated 9.6.2006. It is alleged by the decree holder that despite decree of prohibitory injunction against the corporation from letting out the B schedule property to iron scrap merchants, corporation permitted them to use the property in violation of the decree passed by the Civil Court. The corporation inter alia contended that judgment debtor did not permit or authorise or help or assist the tin sheet traders or anybody to stack, made or sell any iron articles in the B schedule property or to construct a shed for that purpose. 2. The court below observed that there is no explanation for permitting to stock scrap materials in the B schedule property. The court below ordered that the Secretary, Kozhikode Corporation shall undergo civil imprisonment for a period of one month. C.R.P.No. 444 of 2006 -2- 3. When the matter was taken up for final hearing, the counsel for the corporation submitted that the entire compound was cleared and effective steps are taken for preventing those persons, who are resorted to stack and sale of scrap iron etc., in the property. In the light of the said submission, the corporation is directed to file an affidavit stating the present position in respect of B schedule property. In compliance with the order the corporation filed an affidavit stating the state of affairs as on the date of filing affidavit. 4. It is stated in the paragraphs 3 and 4 of the affidavit is as follows: “ 1. xxx xxx xxx 2. xxx xxx xxx 3. The Corporation has taken effective steps against storing scraps since the date of decree. The property is cleared off all scraps are stored there. The correct position as on today is that no scraps are stored in the property owned by the Corporation. A board preventing storing of scraps is installed and exhibited at the entrance of the property of the corporation. 4. The property is in the possession of the Corporation. Now iron scrap venders are not using the property for storing the iron scraps.” 5. In view of the position as explained by the Secretary, Muncipal Corporation, the impugned order requires C.R.P.No. 444 of 2006 -3- modification. Therefore the order under challenge is set aside on condition that the Muncipal Corporation shall pay a sum of Rs. 5,000/- as cost to the decree holder within a period of two months from today. The C.R.P. is disposed of as above. HARUN-UL-RASHID JUDGE rhs