Ymca Circle Residents And Rate … vs Mini Antony on 3 March, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 218 of 2008(S)


1. YMCA CIRCLE RESIDENTS AND RATE PAYERS
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.JOHNSON MANAYANI

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH

 Dated :03/03/2008

 O R D E R
                         H.L. DATTU, CJ. & K. M. JOSEPH, J.

                          --------------------------------------------------

                               C.C.(C).  NO.  218  OF 2008 S

                                                   IN

                                W.P.(C). NO.27685 OF 2003

                         ---------------------------------------------------

                             Dated this the 3rd March, 2008


                                           JUDGMENT

H.L. DATTU, C.J:

The complainant is once over again before us in this Contempt Petition filed

under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215

of the Constitution of India. According to petitioner, the respondent has not complied

with the undertaking given by her in W.P.(C). No.27685/03 dated 22.2.2006.

2. The respondent has filed a Counter Affidavit wherein, it is, inter alia,

stated as follows:

” 3. It is submitted that both the bunks of Sri.K.E.

Mohammed Basheer and Sreekuttan have been removed from the

Shenoys Road by themselves and now there are no shops on both

sides of the Shenoys Road.

4. It is submitted that the Town Planning Committee at its

meeting held on 22.01.2008 vide item No.2 resolved that the bunk

of Sri. Unnikrishnan shall be retained in the Rajaji Road without

causing any obstruction to the Vehicular Traffic and pedestrians.

On inspection, it has been found that the bunk of Sri. Unnikrishnan

does not cause any obstruction to the traffic or pedestrians.”

3. After going through the Counter Affidavit filed by the Secretary of the

respondent Corporation of Cochin, Shri Johnson Manayani, learned counsel

appearing for the complainant, would submit that the matter may be closed for the

present. Taking note of the statements contained in the Counter Affidavit and the

C.C.(C). 218/08 2

submission made by the learned counsel for the respondent, this Contempt of Court

Case is dropped for the present.

Ordered accordingly.

                                                               H.L. DATTU,

                                                            CHIEF JUSTICE





                                                                K.M. JOSEPH,

kbk.                                                                  JUDGE