ABE THOMAS Vs. ANGEL MARY

JUDGEMENT

(1.) THE above petition is filed under Article 215 of the Constitution of India and under Section 12 of the Contempt of Courts Act,1971 read with Rule 16 of the Rules of the High Court of Kerala,1971 and Rule 5 of the Contempt of Courts (High Court of Kerala) Rules under the Contempt of Courts Act,1971 with a complaint that on 2.12.2011 at about 11 o' clock in the morning, without complying with the directions issued by this Court vide judgment dated 6.5.2011 in W.P(C) No.13104 of 2011, the respondent demolished the construction of the petitioner and thereby, the respondent is liable to be proceeded with under the above provisions.

(2.) THE respondent/second respondent in the WP(C) has filed a detailed counter affidavit stating that towards the compliance of the direction contained in the above judgment, he had visited the house of the petitioner on 19.11.2011 at about 11 a.m. to serve notice and found that the house of the petitioner was closed and nobody was available in the premises and hence he affixed Annexure R2(b) notice dated 18.11.2011 in the compound wall of the house and seven days time was granted to demolish and remove the compound wall from the date of affixture of the notice. But, according to the respondent, in spite of the above notice, the petitioner did not turn up and accordingly, the wall, which was constructed by the petitioner after encroachment, was removed on 2.12.2011. It is also stated in the affidavit that on 23.6.2011, the first respondent in the WP(C) has issued notice to the petitioner directing to attend the hearing held in the office of PWD Roads Sub Divisional Officer, but he did not attend for hearing and that is why Annexure R2(b) notice was affixed. When the matter came up for consideration, the learned counsel for the contempt petitioner disputed the claim of the respondent, regarding the service of notice on the petitioner and therefore, as directed by this Court, the learned Government Pleader produced the connected files and I have perused the same.

(3.) ACCORDINGLY, this Contempt of Court Case is dismissed.