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VARGHESE.C.PHILIPKUTTY v. T.SUDHA DEVI, AGED ABOUT YEARS - Con Case(C) No. 1139 of 2006(S)  RD-KL 1384 (20 October 2006)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCon Case(C) No. 1139 of 2006(S)
1. T.SUDHA DEVI, AGED ABOUT YEARS,
For Petitioner :SRI.G.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
O R D E R
THOTTATHIL B. RADHAKRISHNAN, JC.C.C.No.1139 Of 2006 (S)
Dated this the 20 th day of October, 2006.
Annexure A was Ext.P3 in the Writ Petition in which Annexure B judgment was issued directing that if Ext.P3 is still in force, the same shall be enforced. In the statutary appeal against it, the appeal committee of the municipality interfered with Ext.P3 and directed that the hotel activity will be sealed and that regularisation of the unauthorised construction will be considered. There are civil disputes between the petitioner and the person who was running the hotel. In a contempt of court case, such questions cannot be gone into. Since Ext.P3 has already been interfered with by the appellate body and because the parties are now before the Tribunal in relation to the decision of the Municipal Secretary, ordering the demolishing of the building, no wilful disobedience of Annexure B Judgment is made out. Hence this case is closed without prejudice to the parties before any forum. THOTTATHIL B. RADHAKRISHNAN,
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