2025:KER:24063 CON.CASE(C)No.2460 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 CON.CASE(C) NO. 2460 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.18742 OF 2023 OF HIGH COURT OF KERALA PETITIONER/S: A.JOHN AGED 64 YEARS MANAGING PARTNER, ANSONS GROUP, ARCHITECTS AND ENGINEERS UNION AUTO BUILDING, MUNICIPAL JUNCTION, KOTTAYAM, PIN - 686001 BY ADV K.B.DAYAL RESPONDENT/S: 1 ANIL KUMAR AGED ABOUT 50 YEARS, WHOSE FATHER'S NAME IS NOT KNOWN TO THE PETITIONER, THE SECRETARY OF KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM, PIN - 686001 2 BINCY SEBASTIAN AGED ABOUT 45 YEARS, WHOSE FATHER'S NAME IS NOT KNOWN TO THE PETITIONER, THE CHAIRPERSON OF KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM, PIN - 686001 BY ADVS. C.S.MANILAL AJIT JOY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24063 CON.CASE(C)No.2460 of 2024 2 J U D G M E N T Today when the matter came up for consideration, the learned counsel appearing for the respondent brought the attention of this Court to Ext.R1(b), which is the order dated 02.09.2024, passed in compliance with the directions issued by this Court. The learned counsel for the petitioner pointed out various discrepancies in the said order, and also highlighted the delay in passing the said order as it was passed beyond the time limit prescribed by this Court in the judgment. 2. After considering the reasons mentioned in the counter affidavit, explaining the delay in completing the proceedings, which includes the Model Code of Conduct came into effect on account of election to 18th Lok Sabha, I am of the view that, merely because of the delay in passing the order, no contempt proceedings need to be initiated. As far as discrepancies in the order dated 20.09.2024 as highlighted by the petitioner is concerned, it is a matter to be agitated by the petitioner, by challenging the same in a separate writ petition and the same cannot be a subject matter of Contempt of Court case. 2025:KER:24063 CON.CASE(C)No.2460 of 2024 3 In such circumstances, this Contempt of Court case is closed without prejudice to the right of the petitioner to challenge the Ext.R1(b) order. Sd/- ZIYAD RAHMAN A.A. JUDGE SM/28.03 2025:KER:24063 CON.CASE(C)No.2460 of 2024 4 APPENDIX OF CON.CASE(C) 2460/2024 PETITIONER ANNEXURES Annexure I CERTIFIED COPY OF JUDGMENT DATED 27.02.24 IN W.P.(C) NO.18742/2023 OF THIS HON'BLE COURT Annexure I(a) TRUE COPY OF THE COVERING LETTER DATED 08.03.24 OF PETITIONER'S COUNSEL SUBMITTED IN THE OFFICE OF 1ST RESPONDENT ALONG WITH ANNEXURE-1 JUDGMENT Annexure 1(b) TRUE COPY OF RECEIPT DATED 11/3/2024 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT, WHILE RECEIVING ANNEXURE -1 JUDGMENT AND ANNEXURE- !(A) COVERING LETTER Annexure II TRUE COPY OF JUDGMENT DATED 19.10.22 IN W.P. (C) NO.30283/2022 OF THIS HON'BLE COURT Annexure III TRUE COPY OF LETTER DATED 13.04.23 OF 1ST RESPONDENT COMMUNICATED TO PETITIONER Annexure IV TRUE COPY OF LETTER DATED 06.06.24 OF 2ND RESPONDENT COMMUNICATED TO PETITIONER Annexure V TRUE COPY OF THE ARGUMENT NOTE DATED 19.06.24 SUBMITTED BY PETITIONER BEFORE THE STEERING COMMITTEE DURING THE PERSONAL HEARING HELD ON 19.06.24 Annexure VI TRUE COPY OF FIRST RESPONDENT'S ORDER DATED 02..9.24 Annexure VI (a) TRUE COPY OF POSTAL ENVELOP SENT TO PETITIONER DATED 4/10/2024 RESPONDENT EXHIBITS Exhibit-R 1(b) A true copy of the communication issued to the petitioner dated 02.09.2024 Exhibit-R 1(a) A copy of the proceedings of the Steering Committee of the Kottayam Municipality dated 19.06.2024 2025:KER:24063 CON.CASE(C)No.2460 of 2024 5 Annexure R1(c) , a copy of the decision no. 40 of the Municipal Council of the Kottayam Municipality dated 07.08.2024 PETITIONER ANNEXURES Annexure AVII TRUE COPY OF THE MINUTES OF THE MUNICIPAL COUNCIL HELD ON 07.08.24 UNDER DECISION NO.40