IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CON.CASE(C) NO. 912 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 10816/2021 OF HIGH
COURT OF KERALA
PETITIONER:
M.K.UTHAMAN
AGED 51 YEARS
S/O.M.K.KUMARAN,
RESIDING AT MANAPPURATHU HOUSE,
WARD.8,THAIKKATTUSSERRY GRAMA PANCHAYAT,
MANAPPURAM.P.O,
CHERTHALA-688526.
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
RESPONDENT:
SRI.T.P. SALIM KUMAR,
THOPPIL HOUSE,SARANG,HOUSE
NO.24/188,THANDASSERY ROAD,
PULARI RESIDENTS ASSOCIATION,
NETTOOR SOUTH,
NETTOOR, ERNAKULAM-682040.
BY ADV P.C.SASIDHARAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 14.06.2022, ALONG WITH
Con.Case(C).1412/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
COC Nos.912 & 1412 of 2021
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CON.CASE(C) NO. 1412 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 10816/2021 OF HIGH
COURT OF KERALA
PETITIONER:
UTHAMAN M.K.
AGED 51 YEARS
S/O.M.K.KUMARAN,
RESIDING AT MANAPPURATHU HOUSE, WARD 8,
THAIKATTUSSERRY GRAMA PANCHAYAT,
MANAPPURAM P.O., CHERTHALA-688526.
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
MAITREYI SACHIDANANDA HEGDE
RESPONDENT:
SRI.T.P.SALIM KUMAR
THOPPIL HOUSE, SARANG, HOUSE NO.24/188,
THANDASSERY ROAD, PULARI RESIDENTS ASSOCIATION,
NETTOOR SOUTH, NETTOOR, ERNAKULAM-682040.
BY ADV. P.C. SASIDHARAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 14.06.2022, ALONG WITH
Con.Case(C).912/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
COC Nos.912 & 1412 of 2021
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N. NAGARESH, J.
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Contempt Case (C) Nos.912 and 1412 of 2021
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Dated this the 14th day of June, 2022
JUDGMENT
~~~~~~~~~ The petitioner in W.P.(C) No.10816/2021 has filed these contempt cases against the 4 th respondent in the writ petition. Both the cases arise from the same interim order dated 07.05.2021 in W.P.(C) No.10816/2021.
2. The writ petition was filed seeking for a declaration that the Kerala Maritime Board is an Autonomous entity and hence entitled to have minimal governmental interference only to the extent prescribed in the Kerala Maritime Act. When the writ petition came up for admission on 07.05.2021, this Court passed an interim order to the following effect:-
"Admit.
The learned Government Pleader takes notice for Respondent 1. The learned Standing COC Nos.912 & 1412 of 2021 :4: Counsel Sri. K.P. Sudheer takes notice for Respondent 2.
In the meanwhile, there will be an interim order directing respondents 3 and 4 to act only under the supervision and instructions of the 2 nd respondent-Board."
3. In COC No.912/2021, the petitioner alleges that vide e-mail dated 31.03.2021, Agenda was upgraded seeking approval of the Board to direct the respondent to make payments to service providers including vehicle operators of CEO and Chairman, Advertising Company, Standing Counsel, Senior Counsel of the Board, Senior Counsel engaged at the Supreme Court and the Advocate on Record. The Agenda was approved by the Board on 07.04.2021 and the respondent was directed to make payments to service providers. However, the respondent has willfully refused to make payments to service providers and acted in violation of the Board's instructions.
4. The petitioner further alleges that on 12.05.2021, the Chairman instructed the 4th respondent to take necessary steps to ensure that all safety measures are taken by the COC Nos.912 & 1412 of 2021 :5: concerned officers in the light of Cyclone and Thunderstorm warning in the Kerala Coast. The respondent willfully disobeyed the Chairman. It is further alleged that the 4 th respondent willfully refused to organise the 18 th Board meeting called by the Chairman. The respondent purposefully and unilaterally disrupted the functioning of the Board by keeping Cochin Head Office of the Board closed for two weeks.
5. In COC.1412/2021, the petitioner alleges that the respondent failed to ensure that all Ports are well equipped to receive ships, that all equipments are operational and that the Port operations take place without any hurdle. The petitioner states that in the month of June, 2021, no tug was available at the Azhikkal Port and there was no staff available to operate equipments at the Port. It was further alleged that the respondent did not obey the direction of the Chairman to commence dredging at Azhikkal Port in January, 2021. The respondent also failed to provide details of budget fund allotment, to the Chairman. COC Nos.912 & 1412 of 2021 :6:
6. The respondent resisted the writ petition filing affidavits. The respondent stated that there was no Thunderstorm in Kerala Coast in the month of June. The respondent had inspected all Port Officers to take safety measures. The allegation that the respondent refused to report to the Chairman is without any substance. The respondent stated that it is for the CEO to issue notice of meeting and there was no sufficient notice in respect of the meeting convened by the Chairman. Furthermore, a communication was received from the Secretary to Government, Port Department requesting to postpone the meeting.
7. I have heard the learned counsel for the petitioner and the learned counsel representing the respondent.
8. The writ petition was filed by the petitioner seeking to declare that the Kerala Maritime Board is an Autonomous entity and it is entitled to have minimal governmental interference. On 07.05.2021, this Court passed an interim order directing the 4th respondent to act only under the COC Nos.912 & 1412 of 2021 :7: supervision and inspection of the 2nd respondent-Board.
9. The allegations in the Contempt of Court Cases relate to certain acts and omissions on the part of the 4 th respondent. The Kerala Maritime Board represented by its Chairman was a party to the writ petition. It is not discernible from the Contempt Cases as to whether the petitioner has disobeyed the Board by violating any of its decisions. Even if the 4th respondent does not follow any decision of the Board, if the same is due to any plausible reasons, the 4 th respondent will be justified in his actions.
In the facts and circumstances of the case and in the absence of any material to indicate prima facie willful disobedience on the part of the respondent, this Court do not find any reason to proceed against the respondent invoking the powers under the Contempt of Court Act, 1971. The Contempt of Court Cases therefore fail and are accordingly dismissed.
Sd/-
N. NAGARESH, JUDGE aks/06.06.2022 COC Nos.912 & 1412 of 2021 :8: APPENDIX OF CON.CASE(C) 912/2021 PETITIONER'S ANNEXURES Annexure I TRUE COPY OF THE INTERIM ORDER DATED 07.05.2021 IN WP(C) 10816/2021.
Annexure II TRUE COPY OF THE EMAIL DATED 07.05.2021 WRITTEN BY THE STANDING COUNSEL OF THE BOARD, MR.K.P.SUDHEER. Annexure III TRUE COPY OF THE LETTER DATED 11.05.2021 WRITTEN BY THE PETITIONER TO THE RESPONDENT.
Annexure IV TRUE COPY OF THE MINUTES OF THE APPROVAL GIVEN TO THE AGENDA DTD 7.4.2021.
Annexure V TRUE COPY OF LETTER NO.
CHAIRMAN/27/KMB/2021 DTD 18.5.2021. Annexure VI TRUE COPY OF THE EMAIL DATED 30.06.2021.
Annexure VII TRUE COPY OF THE EMAIL DTD 12.5.2021 ISSUED BY CHAIRMAN.
Annexure VIII TRUE COPY OF THE LETTER NO.35/KMB/2021 DATED 25.05.2021.
Annexure IX TRUE COPY OF THE LETTER NO.CHAIRMAN/32/KMB/2021 DTD 21.5.2021 Annexure X TRUE COPY OF THE LETTER NO.CHAIRMAN/45/KMB/2021 DATED 07.06.2021.
Annexure XI TRUE COPY OF THE LAWYER NOTICE DTD 25.5.2021.
RESPONDENT'S EXTS:
R1(A) COPY OF GO DT 1.2.2018.
R1(B) COPY OF ORDER DT 15.4.2021.
R1(C) COPY OF ORDER DT 9.4.2021.
R1(D) COPY OF ORDER DT 24.6.2021.
R1(E) COPY OF LETTER DT 9.5.2021.
R1(F) COPY OF LETTER DT 29.7.2019.
COC Nos.912 & 1412 of 2021
:9:
APPENDIX OF CON.CASE(C) 1412/2021 PETITIONER'S ANNEXURES Annexure I TRUE COPY OF THE INTERIM ORDER DATED 07.05.2021 IN WP(C) 10816/2021.
Annexure II TRUE COPY OF THE EMAIL DATED 07.05.2021 WRITTEN BY THE STANDING COUNSEL OF THE BOARD, MR.K.P.SUDHEER. Annexure III TRUE COPY OF THE LETTER DATED 11.05.2021 WRITTEN BY THE PETITIONER TO THE RESPONDENT, AMONGST OTHERS. Annexure IV TRUE COPY OF THE EMAIL DATED 23.06.2021 BY THE CHAIRMAN, BASED ON THE DECISION OF THE BOARD.
Annexure V TRUE COPY OF THE EMAIL DATED 28.06.2021 ISSUED AND WRITTEN BY THE CHAIRMAN BASED ON THE BOARD'S DECISION TO THE RESPONDENT.
Annexure VI TRUE COPY OF THE EMAIL DATED 30.06.2021.
Annexure VII TRUE COPY OF THE LETTER NO.CHAIRMAN/59/KMB/2021 ISSUED BY THE CHAIRMAN DATED 25.06.2021 BASED ON THE DECISION OF THE BOARD.
Annexure VIII TRUE COPY OF THE LETTER
NO.CHAIRMAN/63/KMB/2021 DATED
05.07.2021.
Annexure IX TRUE COPY OF THE EMAIL DATED
22.06.2021.
Annexure X TRUE COPY OF THE LETTER
NO.CHAIRMAN/72/KMB/2021 DATED
12.07.2021 ISSUED BY THE CHAIRMAN BASED ON THE BOARD'S DECISION.
Annexure XI TRUE COPY OF THE LETTER NO.56/KMB/2021 DATED 23.06.2021.
Annexure XII TRUE COPY OF THE LETTER NO.67/KMB/2021 DATED 07.07.2021.
COC Nos.912 & 1412 of 2021 : 10 : Annexure XIII TRUE COPY OF THE ORDER NO.KMB/A1/29/2021 DATED 06.07.2021. Annexure XIV TRUE COPY OF THE LETTER NO.62/KMB/2021 DATED 30.06.2021.
Annexure XV TRUE COPY OF THE EMAIL WRITTEN TO THE CHAIRMAN BY THE RESPONDENT.
Annexure XVI TRUE COPY OF THE LAWYER NOTICE DATED 25.05.2021 THAT WAS SENT TO THE RESPONDENT.