N.A.MUHAMMED KUNJU Vs. JAHANGIR.S.,

JUDGEMENT

(1.) This Contempt Petition is filed complaining that the directives contained in the judgment dated 11.12.2018 in W.P.(C) No. 4205 of 2016 is not complied with.

(2.) The subject issue was relating to the illegal construction carried out by one Moncy Daniel, the third respondent, within the limits of the Alappuzha Municipality, which was sought to be demolished by the writ petitioner. Directions were issued by this Court to the Alappuzha Municipality to implement the order passed by the Municipality under Section 406(3) of the Kerala Municipality Act, 1994 passed against the third respondent, if no application for regularisation is filed as of then. According to the learned Senior Counsel, none of the directions issued by this Court are complied with.

(3.) The Municipality has filed an affidavit stating that subsequent to the judgment, notice was issued to the third respondent for considering his application for regularization and during the course of hearing, the third respondent submitted that he would remove the objectionable portion of the building constructed. However, he has not done so and thereupon, the Municipality has issued Annexure R1(b) notice dated 01.07.2019 directing the third respondent in the writ petition to remove the objectionable portion of the building constructed within 48 hours.