Tirur Taluk N.S.S Karayoga Union vs I.V.Rajagopalan on 5 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 353 of 2009(S)


1. TIRUR TALUK N.S.S KARAYOGA UNION
                      ...  Petitioner

                        Vs



1. I.V.RAJAGOPALAN, AGE AND FATHER'S NAME
                       ...       Respondent

                For Petitioner  :SRI.V.G.ARUN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :05/11/2009

 O R D E R
                S.R.Bannurmath, C.J. & A.K. Basheer, J.
                     ------------------------------------------
                      Cont. Case (C) No.353 of 2009
                     ------------------------------------------
                Dated this the 5th day of November, 2009

                                JUDGMENT

A.K. Basheer, J.

This contempt case is filed alleging wilful disobedience on

the part of the respondent to comply with the directions issued by this

Court on November 20, 2007 in W.P.(C) No.34124 of 2007 and also in

Contempt Case (C) No.371 of 2008.

2. When this case came up for consideration, we had

directed the respondent, Executive Engineer, P.W.D., Manjeri to make

available the relevant files. Having perused the files, the sketch,

photographs, etc. apart from the counter affidavit by the respondent, we

were convinced that the work on the road can be completed only if a

small extent of land belonging to the Police Department is surrendered,

as requested by the Public Works Department, Panchayat, etc.

3. Therefore, we requested the learned Government Pleader

to find out whether the Police Department can surrender a small bit of

land lying at the starting point of the bye pass road, especially since the

widening of the road would be in the larger interest of the general public

Cont. Case (C) No.353 of 2009

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in that area.

4. Today when the case is taken up for further

consideration, learned Government Pleader submits that on a request

received from the Superintendent of Police, Malappuram, the Home

Department has given consent to the Police Department to surrender the

necessary land for the purpose of widening the road. Learned

Government Pleader further submits that the matter is being processed

and appropriate orders will be issued in this regard without any further

delay.

5. It will be open to the respondent to pursue the matter

further and complete the widening and other works on the road without

any further delay.

Recording the above submissions made by the learned

Government Pleader, this contempt case is closed.

S.R.Bannurmath,
Chief Justice

A.K. Basheer,
Judge
vns