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Leevan Jose vs P.B.Asok Kumar on 1 July, 2008

Kerala High Court
Leevan Jose vs P.B.Asok Kumar on 1 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 855 of 2008()


1. LEEVAN JOSE, AGED 49 YEARS, S/O.JOSEPH
                      ...  Petitioner

                        Vs



1. P.B.ASOK KUMAR, 51 YEARS,
                       ...       Respondent

                For Petitioner  :SRI. JEEVAN JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :01/07/2008

 O R D E R
                         PIUS C. KURIAKOSE,J.
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                    Cont. Case ( C ) No.855 of 2008
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                           Dated: 1st July, 2008

                                JUDGMENT

The petitioner in I.A.No.2434/08 (the 4th respondent in the Writ

Petition) has filed this Contempt Case alleging that Annexure A1

order passed by this court in I.A.No.2434/08 in W.P.C.No.35642/07

has been violated. The following were the specific directions issued to

the Secretary of the Panchayat under Annexure A1:

i) The Secretary of the Panchayat is directed to conduct immediate

local inspection of the premises of the commercial building, which is

subject matter of the order passed by the Ombudsman. The local

inspection will be conducted with notice to the petitioner in the Writ

Petition, Sri.Jeevan Jose, the fourth respondent and his father, the

third respondent in the writ petition.

ii) If the inspection reveals that the claim of Sri.Jeevan Jose that a

separate residential building having four rooms (two rooms in

upstairs and two rooms in down stairs) has been constructed behind

the commercial building which is subject matter of the Ombudsman’s

order, the Panchayat will assign door number to that residential

building since that construction cannot obviously violate Section 220

(b).”

COC No.855/08 – 2 –

2. The Secretary of the Panchayat has filed a detailed

statement through which it is claimed that all the directions in

Annexure A1 order have been faithfully complied with by the

Panchayat. It is claimed that inspection with notice to the petitioner in

the Writ Petition as directed in Annexure A1 was conducted, but the

inspection did not reveal the existence of any separate two storied

residential building behind the commercial building which is the

subject matter of the Ombudsman’s order. What was noticed was

that additional constructions have been made to the commercial

building itself. It is submitted that in view of the pendency of the Writ

Petition relating to the Ombudsman’s order, it is not possible to

accede the petitioner’s request to assign door numbers to the

portions (newly added) to the existing commercial building.

2. Heard Mr.Jeevan Jose, party in person and

Mr.P.N.Purushothama Kaimal, counsel for the Panchayat.

3. The petitioner would agree before me that it is not a

residential building separated from the commercial building which is

the subject matter of the Ombudsman’s order which has been put up

by him. He agreed that the constructions made by him are additions

to the existing commercial building. He claimed that these additions

COC No.855/08 – 3 –

are not new additions but they have been in existence even when the

Ombudsman passed the order.

4. The question which arises in this Contempt Case is whether it

can be found even prima facie that the Secretary of the Panchayat is

guilty of violating Annexure A1 order. That question, in my opinion,

can be answered only in the negative. The Contempt Case will stand

dismissed. However, the right and remedy of the petitioner to impugn

Annexure A3 in separate proceedings are not foreclosed.

srd                                PIUS C.KURIAKOSE, JUDGE

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