LAWS(KER)-2010-11-620

MARY JOSEPH, Vs. AJIT PATIL,

Decided On November 25, 2010
MARY JOSEPH, Appellant
V/S
AJIT PATIL, Respondents

JUDGEMENT

(1.) Read order dated 27.10.2010. The affidavit filed on behalf of the Respondents is taken on record. The said affidavit is sworn to by the secretary of the Corporation of Kochi. Having perused the said affidavit and the reasons stated thereon, it is seen that there is no willful neglect or default on the part of the persons who are arrayed as the Respondents. It appears that the plea is that there is an error or mistake by the earlier Town Planning Officer in the matter of issuing of a provisional prohibitory order and that the said order was later withdrawn. Recording this submission and the said affidavit, this contempt of court case is closed leaving the Petitioner with liberty to seek redressel of grievances, if any existing, through appropriate forum. It is, however, clarified that a copy of the Respondents' order will be issued to the Petitioner, on usual terms.

(2.) Having regard to the fact that this is a contempt of court case and since the matter has been closed, I do not find any necessity to order impleadment as sought for. I.A. is dismissed without prejudice.

(3.) Having heard counsel on behalf of the third Respondent, he is discharged from these proceedings. The proceedings will continue only as against Respondents 1 and 2, as of now.