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2026 Supreme(Online)(Ker) 21025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ABDUL SAMAD H. – Appellant
Versus
SRI. CHERIAN GEORGE – Respondent
Contempt Case (C) No. 917 of 2025 | W.P.(C) No. 38232 of 2024
For the Appellants/Petitioners: SHRI.V.VIJULAL, SRI.T.A.PRASANTH, SRI.K.T.SEBASTIAN
For the Respondents: SHRI.T.R.HARIKUMAR, SRI.ARJUN RAGHAVAN
The court addressed compliance with prior orders regarding illegal fish vending, marking the necessity of proper licensing.
Headnote:In the matter of Contempt Case
(C) No. 917 of 2025, the court analyzed the alleged violation of directions issued in W.P.
(C) No. 38232 of 2024. It noted the affidavit filed by the second respondent detailing actions against illegal fish vending conducted without a permit. The court concluded that the contempt need not be retained due to remedial actions taken. The essential issue was the compliance with previous court orders and the ratio decidendi revolved around the legality of the actions taken by local authorities. The final verdict was to close the contempt case with instructions for filing a new case if violations occurred again.
| Table of Content |
|---|
| 1. alleged violation of court's prior order regarding fish vending. (Para 1 , 2) |
| 2. court's examination of compliance and actions taken. (Para 3) |
JUDGMENT
This Contempt Case is filed alleging violation of the directions issued by this Court in the order dated 14.01.2025 in W.P.(C) No.38232 of 2024.
2. The 2nd respondent filed an affidavit as directed by this Court on 11.06.2025. It will be better to extract the relevant portion of the same:
“4. It is submitted that a fish vendor, Abdul Rahim, started a new fish vending stall with licence from Panmana Grama Panchayath in a leased property. A fish vendor, Shaji, Ooppenvilayil thekkathil, Vadakkumthala have obtained Sanitary Fitness Certificate from Health Department to start fish vending in building No. IV/436 in Panmana Panchayath and applied for fish vending licence from Panmana Grama Panchayath. Chavara Police instructed that fish vendor not to start fish vending without getting licence from Panmana Grama Panchayath.
5. It is submitted that after giving notice by Panmana Grama Panchayath and instructions from Chavara Police, the illegal fish vendors were stopped fish vending in public road.”
3. In the light of the above affidavit, this Contempt Case need not be retained here.
Accordingly, the Contempt Case (C) is closed. If there is any further violation, the petitioner can file a fresh Contempt Case.
