Kerala High Court
Basil Joy vs T.R. Shamsudheen on 9 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
Con.Case(C).No.1434 OF 2020 IN WP(C). 25257/2019
AGAINST THE JUDGMENT IN WP(C) 25257/2019(F) OF HIGH COURT OF
KERALA
PETITIONER/PETITIONER:
BASIL JOY
AGED 19 YEARS
S/O. JOY, RESIDING AT KOLLAMKUZHIPUTHENPURA,
MULAKULAM SOUTH PO, PERUVA, KOTTAYAM-686 616.
BY ADV. SRI.T.A.RAJAN
RESPONDENTS/3RD AND 4TH RESPONDENTS:
1 T.R. SHAMSUDHEEN
(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER),
CHAIRMAN, COCHIN INSTITUTE OF SCIENCE AND TECHNOLOGY,
ETTAPPALLY, MANNATHOOR P.O., MUVATTUPUZHA, ERNAKULAM
DISTRICT-686 723.
2 DENNY ANDREWS
(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER),
PRINCIPAL, COCHIN INSTITUTE OF SCIENCE AND
TECHNOLOGY, ETTAPPALLY, MANNATHOOR P.O, MUVATTUPUZHA,
ERNAKULAM DISTRICT-686 723.
R1 BY ADV. SMT.K.N.RAJANI
R2 BY ADV. SHRI.RAJEESH V.R.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.1434 OF 2020 2
IN WP(C). 25257/2019
JUDGMENT
Dated this the 9th day of April, 2021
This contempt petition is filed by the petitioner complaining that the
directives contained in the judgment dated 17.10.2019 in W.P.(C)
No.25257/2019 are not complied with by the respondents.
2. In spite of notice issued, the parties have not appeared. Consequent
to which, drastic steps of issuing bailable warrant, arrest and further orders
were passed by this Court to secure the presence of the respondents and on
30.3.2021 the following order was passed:
" ORDER
On 26.03.2021, the following order was passed:-
"In compliance with the directions issued by this Court to the Police after
arrest in the bailable warrant, the 1 st respondent is present before this
Court. When he was asked whether there is any inclination to implement
the directions contained in the judgment, he has submitted before this
Court that due to an untoward incident that has taken place in the
college, theft has taken place and a complaint was preferred before the
Koothattukulam Police Station delineating the articles that have stolen.
2. Learned Senior Government Pleader is directed to secure
necessary details in respect of the same from the Station House Officer of
the Koothattukulam Police Station. Presence of the 1 st respondent is not
exempted. First respondent shall be present before this Court on 30 th
March, 2021 at 1.45 p.m., along with copy of the complaint that was said
to be submitted to the Station House Officer, Koothattukulam Police
IN WP(C). 25257/2019
Station.
3. In fact, even though a direction was issued to the Police to
ensure that 2nd respondent will be present before this Court by taking an
undertaking while the arrest is effected and is enlarged on bail, the report
submitted by the Station House Officer shows that, 2 nd respondent was
arrested and has also secured an undertaking from the 2 nd respondent
that 2nd respondent would be present before this Court, 2 nd respondent is
not present. Even though learned counsel appearing for 2 nd respondent
submitted that no warrant was served on the 2nd respondent nor he was
arrested, from the report of the Police it is clearly evident that the 2 nd
respondent was also arrested and enlarged on bail after securing an
undertaking that he shall be present before this Court. However, 2 nd
respondent has appeared through a counsel and has submitted that the
2nd respondent may be given reasonable time for appearance. Therefore,
the 2nd respondent shall be present before this Court on 30.03.2021 at
1.45 p.m."
2. In accordance with the directions contained in the said order both
the respondents are present before this Court. In fact, though the
Government is not a party to the proceedings, I have requested learned
Senior Government Pleader Sri.Surin George Ipe to ascertain from the
police as to whether any complaint was received from the Cochin
Institute of Science and Technology, Mannathoor, Muvattupuzha.
Accordingly, learned Government Pleader has filed a report dated
29.03.2021 from the police and along with the same, a compliant given
by one Renju Cherian (PRO Cochin Institute of Science and Technology)
to the Circle Inspector of Police, Koothattukulam is produced. From the
complaint what I could gather is that, some computer, laptop, hard disc,
machines etc. were stolen from the office by some people who were
loitering in the college compound during night and along with the same,
some certificates were also stolen.
IN WP(C). 25257/2019
3. In fact when the 1st respondent was present before this
Court on the previous day, when I put a question to him, as to whether
the certificate can be released to the petitioner, I was told that an
untoward incident took place in the college and pursuant to which, the
students of the college have created panic situation and on that day,
many articles were stolen from the college. But I do not find any such
statement in the complaint filed before the Circle Inspector of Police,
Koothattukulam.
Since I am prima facie of the opinion that, the respondents have
committed contempt and have to proceed against the respondents in
contempt petition, the respondents to file affidavit, if any, on or before
09.04.2021. I also make it clear that, the respondents are not exempted
from personal appearance and they shall be present before this Court on
09.04.2021.
Post on 09.04.2021."
3. However, today when the matter is taken up, learned counsel for
petitioner submitted that all certificates and documents are received by the
petitioner.
Taking into account the said aspect, I do not find any reason to pursue
the contempt petition any further. Therefore, it is closed accordingly.
Sd/-
SHAJI P.CHALY
smv JUDGE
IN WP(C). 25257/2019
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE I TRUE COPY OF THE JUDGMENT IN WPC
NO.25257/2019 DATED 17.10.2019 OF THIS
HON'BLE COURT.
ANNEXURE II TRUE COPY OF THE LAWYER NOTICE DATED
10.1.2020.
ANNEXURE III TRUE COPY OF THE REPRESENTATION DATED
10.2.2020.
