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D.K.Vasu vs N.G.Chacko on 14 September, 2010

Kerala High Court
D.K.Vasu vs N.G.Chacko on 14 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1086 of 2010(S)


1. D.K.VASU,
                      ...  Petitioner
2. VISWAMBHARAN,

                        Vs



1. N.G.CHACKO,
                       ...       Respondent

2. CHANDRASEKHARA PILLAI,

                For Petitioner  :SMT.C.G.BINDU

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :14/09/2010

 O R D E R
                          P.N.RAVINDRAN, J.
                          ---------------------------
                    Cont. Case (C) No. 1086 OF 2010
                           --------------------------
               Dated this the 14thday of September, 2010

                             J U D G M E N T

This Contempt Case is filed alleging that in violation of Annexure-I

interim order passed by this Court in W.P.(C) No.35029 of 2009, the

respondents herein have trespassed into the petitioners’ land and cut

open a road. Annexure-III photographs are produced to prove the said

act.

2. The learned Government Pleader appearing for the respondents

submits on instructions that the road seen in Annexure-III is a road which

was in existence even before Annexure-I interim order was passed. He

submitted that in such circumstances, respondents are not liable to be

proceeded against under the Contempt of Courts Act, 1971.

3. It is evident from Annexure-III photographs that the road seen

therein is a road which is not of recent origin. It provides access to

various houses. As a matter of fact a shop room is seen abutting the

road. The very presence of shop room discloses the fact that the road

was in existence even before Annexure-I interim order was passed by this

Court.

In such circumstances, I do not find any grounds to entertain this

contempt case. It is accordingly dismissed.

P.N.RAVINDRAN,
(JUDGE)
vps

WPC No. 2

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