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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 19TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944 CON.CASE(C) NO. 2115 OF 2021 AGAINST THE JUDGMENT DATED 30.09.2021 IN WP(C) 25817/2020 OF HIGH COURT OF KERALA PETITIONER/PETITIONER:
ABDUL GAFOOR, AGED 41 YEARS, S/O.HAMZA, NAMBIYATH HOUSE, KUNTHIPPUZHA, MANNARKKAD COLLEGE P.O, PALAKKAD-678582.
BY ADVS.
K.T.THOMAS MATHEW BOB KURIAN RESPONDENTS/RESPONDENTS 2 & 3:
1 NISAMUDDIN, AGED ABOUT 55 YEARS, S/O.MAULANA NOOR MOHAMMED, SECRETARY IN CHARGE, MANNARKAD MUNICIPALITY, MUNICIPAL OFFICE, MANNARKAD, PALAKKAD-678582.
2 MOHAMMED BASHEER, AGED 57 YEARS, S/O.HAMSA MUSALIYAR, CHAIRMAN, MUNICIPAL COUNCIL, MANNARKAD MUNICIPALITY, MUNICIPAL OFFICE, MANNARKAD, PALAKKAD-678582.
BY ADV P.R.VENKATESH, SC, MANNARKAD MUNICIPALITY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 19th day of May, 2022 The learned Standing Counsel representing the respondents submits that orders pursuant to the judgment of this Court, have been passed by them and the petitioner has challenged the said order filing a fresh writ petition.
In view of the above, this Court finds that this Contempt Case (C) need not be proceeded further. The Contempt Case (C) is therefore closed granting liberty to the petitioner to prosecute the writ petition subsequently filed.
Sd/-
N. NAGARESH, JUDGE
APPENDIX OF CON.CASE(C) 2115/2021 PETITIONER'S ANNEXURES :
Annexure A1 CERTIFIED COPY OF JUDGMENT DATED
30.09.2021 IN W.P(C)NO.25817/2020.
Annexure A2 TRUE COPY OF THE JUDGMENT DATED
24.11.2021 IN WRIT APPEAL NO.1555/2021.
Annexure A3 TRUE COPY OF THE NOTICE DATED 06.01.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
Annexure A4 LETTER DATED 19.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Annexure A5 TRUE COPY OF THE PHOTOGRAPH SHOWING THE SITE OF THE FISH MARKET OF PETITIONER.
Annexure A6 TRUE COPY OF THE NOTICE DATED 24.02.2022 OF MEETING OF MUNICIPAL COUNCIL.
Annexure A7 TRUE COPY OF THE PHOTOGRAPHS SHOWING NELLIPUZHA FISH MARKET.
Annexure A8 TRUE COPY OF THE ROUGH SKETCH OF THE MARKET AREA.
Annexure A9 TRUE COPY OF THE CERTIFICATE DATED
19.01.2019 ISSUED BY VILLAGE OFFICER, MANNARKKAD-I.
RESPONDENT'S ANNEXURES :
Annexure 1 TRUE COPY OF THE DECISION AND RESOLUTION OF THE COUNCIL RELATING TO THE APPLICATION FOR GRANTING LICENCE FOR FISH MARKET SUBMITTED BY THE PETITIONER IN THE MEETING HELD ON 28.12.2021.
Annexure 2 TRUE COPY OF A COMMUNICATION SENT TO THE PETITIONER BY THE SECRETARY DATED
06.01.2022.
Annexure 3 TRUE COPY OF REPLY 19.01.2022 SUBMITTED BY THE PETITIONER.
Annexure 4 PHOTOGRAPHS SHOWING THE PRESENT SITUATION IN THE PROPOSED MARKET.
Annexure 5 TRUE COPY OF REPORT OF THE JOINT COMMITTEE OF THE MUNICIPALITY.
Annexure 6 TRUE COPY OF THE RESOLUTION DATED
28.02.2022 BEARING NO.16 OF THE MUNICIPALITY.
Annexure 7 TRUE COPY OF THE LETTER DATED 04.03.2022 FROM THE SECRETARY TO EXECUTIVE CHAIRMAN, INFORMATION KERALA MISSION, PRATHEEKSHA, SREEKARYAM, THIRUVANANTHAPURAM.
Annexure 8 TRUE COPY OF LETTER DATED 04.01.2022 ADDRESSED TO THE PETITIONER BY THE POLLUTION CONTROL BOARD.
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