High Court Kerala High Court

A.B.M.Towers Residents … vs Mini Antony on 30 January, 2009

Kerala High Court
A.B.M.Towers Residents … vs Mini Antony on 30 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1763 of 2008(S)


1. A.B.M.TOWERS RESIDENTS ASSOCIATION (ATRA
                      ...  Petitioner

                        Vs



1. MINI ANTONY, (FATHER'S NAME AND
                       ...       Respondent

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :30/01/2009

 O R D E R
                       PIUS.C.KURIAKOSE J.
                       ------------------------
       C.O.C. No. 1763/2008 in W.P.(C)No.23419/2006
                       ------------------------

             Dated this the 31st day of January, 2009

                            JUDGMENT

In the affidavit submitted by the respondent to this

contempt of court case, the respondent has stated that certain

mistakes have crept into Annexure A order and she is willing to

pass fresh orders correcting the mistakes. I would have been

inclined to direct the respondent to pass fresh orders

immediately, but for the situation that even Annexure A1 is

under challenge before the Tribunal (Appeal No.688/2008) and

Annexure A1 is under stay. I do not think that it will be proper

or just to initiate action for contempt against the respondent in

the existing circumstances. I am sure that the respondent will

stick to the stand taken by her in the affidavit dated 27/1/2009

filed in this C.O.C. and the Tribunal, while taking decision in the

appeal, will have due regard to the said affidavit also. The

petitioner is permitted to place a copy of the affidavit dated

27/1/2009 filed by the respondent in the appeal in which the

petitioner is also a party. The Tribunal will expedite matters and

COC.No. 1763/2008 2

finally dispose of the appeal, without undue delay, since I find

that the petitioner association which represents the occupants of

a building complex which is subject matter of the contempt of

court case has been fighting it out seeking redressal of the

grievances of its members before the various authorities for a

quite long time.

The contempt of court case is dropped. The Tribunal for

Local Self Government Institutions is directed to hear and

dispose of the appeal against Annexure A1 at the earliest.

PIUS.C.KURIAKOSE,JUDGE

dpk