K E MOIDU Vs. P ABOOBACKER HAJI

JUDGEMENT

(1.) THIS contempt case is filed alleging that the respondents herein have wilfully disobeyed Annexure 1 interim order passed by this Court on 28.10.2010 in W.P(C)No.32862 of 2010. The petitioner alleges that though by the said order this Court had directed that the status quo as on 28.10.2010 shall be maintained and the said order was in force till the writ petition was disposed of, the first respondent put up a structure in violation of that order. It is further alleged that though thereupon the Secretary of Kozhikode Corporation had issued Annexure 3 memo dated 23.11.2010 calling upon the first respondent to stop the construction, the first respondent proceeded with the construction in violation of the order of this Court.

(2.) WHEN this contempt case came up for hearing on 20.1.2011, I directed the Secretary, Kozhikode Corporation to produce through the learned standing counsel a copy of the report prepared after inspection of the first respondent's premises on 12.11.2010, which is referred to in Annexure A3. A copy thereof was accordingly produced by the learned standing counsel appearing for the Kozhikode Corporation along with the memo dated 27.1.2011. The said report discloses that though on 15.11.2009, on being informed over telephone that certain works are in progress in the school, the Office Superintendent went over to the school to inspect the construction, he was not permitted to enter the premises. It is however stated that the Superintendent found that steel roofing sheets were being fixed on a temporary structure which was earlier constructed using steel stresses. The learned standing counsel also submitted that Annexure 3 memo was thereupon issued to the first respondent on 23.11.2010.