LAWS(KER)-2010-10-592

MOSQUE LANE RESIDENTS ASSOCIATION Vs. M. VIJAYANAND,

Decided On October 12, 2010
Mosque Lane Residents Association Appellant
V/S
M. Vijayanand, Respondents

JUDGEMENT

(1.) LAPSE on the part of the respondent with regard to the implementation of the verdict passed in WA No. 594 of 2008, is the subject matter of this Contempt of Court Case. The sequence of events is as follows:

(2.) IN connection with the widening of the Kesavadasapuram Mosque road, a notification under Section 4(1) of the Land Acquisition Act was issued; which however was challenged by some residents of the locality by filing W.P.(C) No. 34597 of 2007. It was further dismissed by this Court. In the said circumstance, the petitioner Association preferred W.P. (C) No. 4330 of 2008 for appropriate reliefs, wherein also interference was declined as per Ext.R1(b) verdict, holding that there was no right for the 'Association', to defend the case as projected therein. Against the said verdict, W.A. No. 594 of 2008 was preferred by the petitioner, which was disposed of, recording the 'undertaking' given by the learned Government Pleader and the learned Standing Counsel for the Corporation, that the acquisition proceedings for widening of the road would be completed within six months. The petitioner submits that no positive steps have been taken to give effect to the 'undertaking' given before this Court. The 1st respondent has filed an affidavit explaining the facts and circumstances; the different rounds of litigation and the steps taken on the part of the respondents in connection with the proposed widening of the road. It has been stated in the said affidavit that earnest steps have been taken to finalise the acquisition proceedings and that necessary instructions have been issued to all concerned. The 1st respondent has stated in paragraph 7 of the said affidavit that a further period of 10 months is necessary and at any rate it would be completed within one year. Reference is also made to the communication issued by the Corporation in this regard.