High Court Kerala High Court

M.P.Rappai vs Thomas Joseph on 2 February, 2011

Kerala High Court
M.P.Rappai vs Thomas Joseph on 2 February, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 100 of 2011(S)


1. M.P.RAPPAI, AGED 55 YEARS,
                      ...  Petitioner

                        Vs



1. THOMAS JOSEPH, AGED ABOUT 50 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.V.V.NANDAGOPAL NAMBIAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/02/2011

 O R D E R
                      ANTONY DOMINIC, J.

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            Contempt Case(C) No. 100 of 2011
            ```````````````````````````````````````````````````````
          Dated this the 2nd day of February, 2011

                           J U D G M E N T

By Annexure-1 judgment in W.P(C)

No.30674/2010, the respondent was directed to consider the

claim of the petitioner in Ext.P9 therein, in the light of Exts.P1,

P3 and P4 reports. Accordingly, request was considered and

Annexure-5 order has been issued. It is on receipt of the said

order, the Contempt case has been filed.

2. The contention raised by the petitioner is that the

order has been issued without referring to the reports. A

reading of the order shows that the respondent has taken the

view that the aforesaid reports have relevance only in so far

as extraction of sand is concerned and had no relevance in

the context of the case of the petitioner for extraction of clay.

3. Irrespective of the correctness of the view taken in

the order now issued, now that the said order has been

issued in compliance with the judgment, this Court will not be

COC No.100/2011
: 2 :

justified in concluding that any contempt has been committed.

Therefore, the remedy available to the petitioner is to work out

his remedy against the aforesaid order.

Without prejudice to that liberty, this Contempt Case is

closed.

Sd/-

(ANTONY DOMINIC, JUDGE)
aks

// True Copy //

P.A. To Judge