Recently, the Kerala High Court dismissed the contempt petition filed by the petitioner, alleging non-compliance with a previous judgment directing the re-erection of a name broad pursuant to a Municipal Council resolution. The Court accepted the respondent’s submission, supported by an affidavit, confirming that the board had been reinstated in accordance with the requisite resolution, thereby concluding the contempt proceedings.

The petitioner asserted that the name board had not been re-erected as mandated by Municipal Council resolution no. 10 dated 12.04.2012, referenced in the judgment. In response, the learned standing counsel for the Municipal Corporation submitted that the board had been reinstalled in compliance with the said resolution. To substantiate this, an affidavit dated 15.02.2023 was filed by the Corporation, affirming that the name board ‘Vettath J Mathai M L C Road’ was re-erected in accordance with Municipal Council resolution no. 10 of 12.04.2012.

Upon reviewing the affidavit filed by the respondent, the Court observed that “In view of the affidavit dated 15/02/2023 filed by the respondent that the board has been re-erected as per the Municipal Council resolution dated 12/04/2012, this contempt case is closed. Needless to say, the petitioner will be at liberty to seek any remedy available under the law”. Thus, the Court concluded that the respondent had complied with the earlier order and dismissed the contempt petition while leaving the door open for the petitioner to pursue further legal recourse if deemed necessary.

Case TitleEapan Vettath Eapan v. Babu Abdul Kareem

Citation: CON. CASE(C) No. 36 of 2023

Coram: Justice Murali Purushothaman

 

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