IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
CONTEMPT CASE(C) NO. 996 OF 2022(S) IN WP(C) 21157/2021
PETITIONER/PETITIONER IN W.P(C):
SHIJITH LAL.X, AGED 45 YEARS, OFFICE ATTENDANT, (PEON) VENGALAM
AIDED UP SCHOOL, VENGALAM PO ELATHUR (VIA), KOZHIKODE DISTRICT-673
303 RESIDING AT XANADU HOUSE, VENGALAM PO ELATHUR(VIA), KOZHIKODE -
673 303
BY ADV K.MOHANAKANNAN
RESPONDENT/4TH RESPONDENT IN W.P(C):
SMT. SUDHA.P.P, WORKING AS ASSISTANT EDUCATION OFFICER, KOYILANDY -
673305, KOZHIKODE.
This Contempt of court case (civil) having come up for orders on
10.08.2022, the court on the same day passed the following:
P.T.O
BECHU KURIAN THOMAS, J.
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Con.Case(C)NO. 996 of 2022
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Dated this the 10th day of August, 2022
ORDER
Contempt of Court is alleged for non-compliance of the judgment in W.P.(C)No.21157 of 2021.
2. The learned Government Pleader submitted that an SLP has been preferred against the judgment in W.A.No.1358 of 2021 and that the same is pending consideration before the Supreme Court. On the above basis, the learned Government Pleader requested this case to be adjourned for consideration after the Supreme Court takes up the S.L.P.
3. The learned counsel for the petitioner pointed out that the S.L.P allegedly filed is still remaining in the defective list and has not even been brought up for consideration. It was also submitted that under the guise of the defective S.L.P, the attempt of the contemnor is to delay compliance of the judgment of this Court in W.P.(C). No.21157 of 2021.
4. On a consideration of the circumstances, I am of the view that mere filing of S.L.P is not a justification for deferring the proceedings in this contempt. The respondents in W.P.(C).No.21157 of 2021 are bound to abide by the directions in the said judgment failing which the officer concerned will be liable in contempt.
Con.Case(C)NO. 996 of 2022 2
5. I am prima facie satisfied that the contemnor has not complied with the directions in the judgment. Therefore if the respondents fail to obtain any interdictory order from any appropriate forum they shall either comply with the judgment on or before 15/9/2022 or he shall appear in person before this Court on 16/9/2022.
Sd/-
BECHU KURIAN THOMAS, JUDGE AJM/11/8/22 10-08-2022 /True Copy/ Assistant Registrar