Mannam Memorial National Club vs Dr. A. Jayathilak, Ias

Citation : 2022 Latest Caselaw 6835 Ker
Judgement Date : 14 June, 2022

Kerala High Court
Mannam Memorial National Club vs Dr. A. Jayathilak, Ias on 14 June, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                         CON.CASE(C) NO. 939 OF 2022
 AGAINST THE JUDGMENT IN WP(C) 5987/2019 OF HIGH COURT OF KERALA
PETITIONER:

             MANNAM MEMORIAL NATIONAL CLUB
             MANNATHU PADMANABHAN ROAD
             STATUE, THIRUVANANTHAPURAM- 695 001
             REPRESENTED BY ITS SECRETARY
             C.SASIDHARAN NAIR, AGED 66 YEARS
             S/O. P.K.CHANDRASEKHARAN NAIR
             RESIDING AT THAYYIL HOUSE
             VATTAPPARA, THIRUVANANTHAPURAM 695 028

             M.U.VIJAYALAKSHMI
             K.JAJU BABU (SR.)
             BRIJESH MOHAN



RESPONDENTS:

    1        DR. A. JAYATHILAK, IAS
             AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
             SECRETARY TO GOVERNMENT /ADDL. CHIEF SECRETARY,
             REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT
             THIRUVANANTHAPURAM- 695 001.

    2        SRI. NAVJYOTH KHOSA IAS
             AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
             DISTRICT COLLECTOR
             THIRUVANANTHAPURAM - 695 005

             SRI ASWIN SETHUMADHAVAN SR.GP


     THIS     CONTEMPT   OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 939 OF 2022
                                 2


                              JUDGMENT

Even though the petitioner alleges that Annexure B judgment of this Court has not been complied with, when this matter was called today, their learned senior counsel, Sri.Jaju Babu instructed by Sri.Brijesh Mohan, conceded that an order has been now issued by the respondent on 05.06.2022 pending this contempt case and that the said order is in total contravention of the spirit of the judgment.

2. When I hear the learned Senior counsel on the afore lines, I am afraid that I cannot enter into the merits of the new order issued by the Authority, since the petitioner must challenge it appropriately in terms of law.

In the afore circumstances, leaving the afore liberty open, this contempt case is closed.

Sd/- DEVAN RAMACHANDRAN JUDGE stu CON.CASE(C) NO. 939 OF 2022 3 APPENDIX OF CON.CASE(C) 939/2022 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE REPRESENTATION DATED 25.10.2021 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT WITH THE LIST OF DOCUMENTS AND ACKNOWLEDGEMENT DATED 25.10.2021 (WITHOUT DOCUMENTS) Annexure B CERTIFIED COPY OF THE JUDGMENT DATED 26.11.2021 IN W.P.(C).NO.5987/2019 OF THIS HON'BLE COURT.

Annexure C TRUE COPY OF THE NOTICE DATED 15.01.2022 VIDE NO.U1/25/2016/REV ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Annexure D TRUE COPY OF THE COVERING LETTER VIDE NO.MMNC/PATTAYAM/SEC/2 DATED 08.03.2022 FORWARDED BY THE PETITIONER TO THE 1ST RESPONDENT REGARDING THE PRODUCTION OF WRITTEN STATEMENT AND SUPPORTING DOCUMENTS.

Annexure E TRUE COPY OF THE COVERING LETTER VIDE NO.MMNC/PATTAYAM/SEC/3 DATED 25.04.2022 FORWARDED BY THE PETITIONER TO THE 1ST RESPONDENT REGARDING THE FILING OF ANOTHER SET OF ADDITIONAL STATEMENT WITH SUPPORTING DOCUMENTS.