JOSE T J Vs. AJITHA

JUDGEMENT

(1.) This Contempt of court case arises out of the interim order passed on 9.1.2013 whereby a stay of demolition of the petitioner's cinema theatre for a period of three weeks was ordered in W.P.(C)No.976 of 2013. The said interim order was then extended for a further period of two months by the court's order dated 28.5.2013. When the respondent Secretary of the Panancherry Grama Panchayath moved an application for recall of the interim order, the learned Judge while refusing the said prayer on 22.1.2013 clarified that until final orders are passed, no portion of the petitioner's building shall be demolished. It was also clarified on 20.2.2013 that the earlier stay order will not enable the petitioner to make additional constructions.

(2.) It is the petitioner's case in the Contempt petition that the cinema theatre building was demolished illegally between 25.6.2013 and 27.6.2013 by engaging excavators and a large number of manual labourers. The demolition process is stated to have been aided by the 2nd respondent, who was the jurisdictional Police officer of the area.

(3.) Although the Contempt case was preferred against Smt.Ajitha, who was the Secretary of the Panancherry Grama Panchayath and Sri.Ponnappan M.G., who was the Station House Officer of Peechi Police Station, the Contempt case initiated against Smt.Ajitha ended with the conviction of the said person on 24.7.2018, when this court, after finding that it was necessary to commit and detain the 1st respondent in prison, took note of the mitigating circumstances urged by counsel for the said respondent and sentenced the 1st respondent, Smt.Ajitha, to suffer imprisonment for 48 hours. Besides the said sentence, a fine of Rs.2,000/- (Rupees Two Thousand only) was also imposed on the 1st respondent. We are informed that the 1st respondent has since undergone the sentence and also paid the fine imposed on her by the order aforementioned.