High CourtsSingle Bench(2023) 11 KL CK 0113

Davood Kunju vs M. Rajesh

High Court Of Kerala · Decided on 28 November 2023

HON’BLE JUDGES
Devan Ramachandran, J
RESULT
Disposed Of
CASE NUMBER
Con.Case(C) No. 2099 Of 2023

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Judgment

9 paragraphs · 351 words

Devan Ramachandran, J

1.

When this matter was heard on 14.11.2023, the following interim order was issued after hearing both sides:

“The learned Government Pleader – Smt.Vidya Kuriakose, submitted that a report has been filed by the respondent, wherein, he has averred that though he is willing to escort the petitioner to his house, he is refusing to come, insisting that his son and family must be first evicted therefrom. She pointed out that there is no such condition attached in the judgment in question; and, therefore, that the respondent has been incapacitated from acting.

2.

Sri.A.S.Shammy Raj – learned counsel for the petitioner, however, submitted that his client is apprehensive because the Police Authorities have said that they will leave him in front of the house, without escorting him inside; and that he is likely to be attacked by his son and family.

3.

Therefore, as an interim measure, I direct the respondent to escort the petitioner to the house and ensure that he is accommodated comfortably there. For the first one or two days thereafter, the said Authority will ensure that a police officer (not in uniform), keeps a vigil on the petitioner, by frequent visits as far as practically possible; and will file a report before this Court. The petitioner will also be at liberty to have his daughter accompany him and stay with him in the house in question.

4.

I record the request of Sri.A.S.Shammy Raj – learned counsel for the petitioner, for leave to implead the son of the petitioner, as an additional respondent. He will be at liberty to file necessary application for this purpose.”

2.

Today, the learned Government Pleader submits that the petitioner has already been escorted home and is staying there, while his son has voluntarily left it, presumably because of the proceedings before this Court.

3.

Sri.Shammy Raja – learned counsel for the petitioner, affirmed the afore.

In the afore circumstances, I close this contempt case; however, leaving liberty to the petitioner to approach this Court again in future, if there is any violation of the judgment by any person.