Kerala High Court
Palayam Connemara Merchant And ... vs Jahamgeer S on 15 September, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:68208
CON.CASE(C) NO. 1266 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
MONDAY, THE 15TH DAY OF SEPTEMBER 2025 / 24TH BHADRA, 1947
CON.CASE(C) NO. 1266 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 22.04.2025 IN WA
NO.805 OF 2025 OF HIGH COURT OF KERALA
PETITIONER//APPELLANT IN WA:
PALAYAM CONNEMARA MERCHANT AND LABOURERS
ASSOCIATION, AGED 39 YEARS
REGISTRATION NO: TVM/TC/98/2025, SHOP NO: 273,
CONNEMARA MARKET, PALAYALAM, THIRUVANANTHAPURAM.
REPRESENT BY ITS SECRETARY RAJAS.J, PIN - 695442
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SHRI.M.R.RADHAKRISHNAN
SRI.D.JAYAKRISHNAN
SHRI VIJAYKRISHNAN S. MENON
SHRI.VIVEK NAIR P.
SHRI.G.GOWARDHAN DEV G. NAIR
SHRI.V.ASWIN
SHRI.K.S.ARAVIND
SHRI.ANANTHU R MURALI
RESPONDENT/RESPONDENT NO.2 IN WA:
JAHAMGEER S
AGE AND FATHERS NAME NOT KNOW TO THE PETITIONER,
THE SECRETARY OF THIRUVANANTHAPURAM CORPORATION,
LMS-VELLAYAMBALAM ROAD, OPPOSITE LMS COMPOUND,
THIRUVANANTHAPURAM, KERALA 695 033,
RESIDING AT KONKALLILVEEDU, ANAPETTY, THOLICODE,
THIRUVANANTHAPURAM, PIN - 695541
2025:KER:68208
CON.CASE(C) NO. 1266 OF 2025
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BY ADV SHRI.SUMAN CHAKRAVARTHY, SC,
THIRUVANANTHAPURAM CORPORATION
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 15.09.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:68208
CON.CASE(C) NO. 1266 OF 2025
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JUDGMENT
Amit Rawal, J.
An affidavit has been filed in the Court dated 08.09.2025 to the effect that approximately 90% of the surface waste has been removed from the site and the process of further excavation and bio-manning of any remaining waste beneath the surface will be taken up promptly upon detailed inspection of the site as per the letter dated 08.09.2025 of the General Manager (operations) of Smart City Thiruvananthapuram. Demolition of the old market is also completed and many of the merchants have shifted to the rehabilitation block. In view of the affidavit, nothing survives in the contempt petition expecting that the remaining works will be done as undertaken in the affidavit. Contempt petition is ordered to be closed.
Sd/-
AMIT RAWAL, JUDGE Sd/-
P. V. BALAKRISHNAN, JUDGE nak 2025:KER:68208 CON.CASE(C) NO. 1266 OF 2025 4 APPENDIX OF CON.CASE(C) 1266/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE JUDGEMENT DATED 22.04.2025 IN WA 805/2025 Annexure A2 A TRUE COPY OF THE PHOTOGRAPHS AND NEWSPAPER REPORTS OF DEMOLITION OF THE MARKET RESPONDENT ANNEXURES Annexure-R1(a) A true copy of the completion certificate dated 23.12.2021 issued by the General Manager (Operations) Smart Cities Mission Annexure-R1(b) A true copy of the letter of award dated 03.04.2025 issued by the Chief Executive Officer, Smart Cities Mission Annexure-R1(c) A true copy of the photographs of the new rehabilitation block Annexure-R1(d) A true copy of the consent to operate issued by the Pollution Control Board dated 01.02.2025 Annexure-R1(e) A true copy of the photographs of the bio-mining process PETITIONER ANNEXURES Annexure A3 The photographs of Building Blocks 1 and 2 Annexure A4 The photographs of the interiors of individual shop rooms in Building Block 1 and the photographs depicting the real width of the common spaces captured from the same angle as shown in the counter-affidavit Annexure A5 The photograph showing the distance between the existing ‘legacy' waste and Building Block 1 Annexure A6 The photographs showing the top layer of the waste accumulation and the depth of the existing ‘legacy' waste tank Annexure A7 The photograph showing the makeshift space from where the fish vendors are operating and from under individual 2025:KER:68208 CON.CASE(C) NO. 1266 OF 2025 5 patio umbrellas Annexure A8 The photograph showing operation of meat vendors Annexure A9 The satellite view (obtained from Google Maps) showing the old market site, rehabilitation blocks and the site of legacy waste Annexure A10 The news article of ‘The Time of India' dated 29.06.2025 covering the coercive proceedings from the part of the Corporation with the aid of police force Annexure A11 The photographs showing the faulty drainage system of the rehabilitation block RESPONDENT ANNEXURES Annexure-R1(f) A true copy of the letter dated 06.08.2025 from the General Manager (operations) of Smart City Thiruvananthapuram Limited along with progress report Annexure-R1(g) A true copy of the letter dated 08.09.2025 from the General Manager (operations) of Smart City Thiruvananthapuram Limited