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
