Kerala High Court
K.Laisamol vs Ajith Prasad Thampi on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
CON.CASE(C) NO. 365 OF 2021
NON-COMPLIANCE OF THE JUDGMENT DATED 22.10.2020 IN WP(C)
20895/2020 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER:
K.LAISAMOL, AGED 40 YEARS,
WIFE OF FR.JAISON VARGHESE (FORMER LPSA MD M L P
SCHOOL, KARINGACHIRA), (RESIDING AT BLAYIL HOUSE, P.O.,
KANINADU (VIA) VADAVUCODE, PUTHENCURZ,
ERNAKULAM DISTRICT-682 310.
BY ADVS.
V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENT/4TH RESPONDENT:
1 AJITH PRASAD THAMPI,
AGE AND FATHER'S AME NOT KNOWN TO THE PETITIONER,
ASSISTANT EDUCATIONAL OFFICER, TRIPPUNITHURA,
ERNAKULAM-682 301.
*ADDL.R2 THE CORPORATE MANAGER,
ST. GEORGE JACOBITE SYRIAN CATHEDRAL, KARINGACHIRA,
IRIMPANAM, ERNAKULAM.
*ADDL. R2 IS SUO MOTU IMPLEADED AS PER ORDER DATED
24/03/2021 IN COC.365/2021.
BY ADVS. SRI.V. VENUGOPAL, GP
SRI.JOSE ABRAHAM
SRI. E.ADITHYAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 365 OF 2021
-2-
JUDGMENT
This Contempt of Court Case has been filed on the
allegation that, in spite of the directions of this
Court in the judgment dated 22.10.2020 in W.P.
(C)No.20895 of 2020, respondent has not completed the
proceedings as ordered therein.
2. When this matter was considered by this Court
earlier on 24.03.2021, it was submitted on behalf of
the respondent that delay has been occasioned only
because the Corporate Manager of the School has not
yet forwarded the proposal for approval of appointment
of the petitioner. I, therefore, impleaded the
Corporate Manager as respondent No.2, and he is today
represented through Sri.Adithyan Ezhapilly - learned
counsel, who submits that a counter affidavit has been
filed on record, producing therewith Annexure R2(A)
document dated 02.06.2007, which is the proposal for
approval of the appointment of the petitioner.
Sri.Adithyan Ezhapilly thus prayed that no further
action be taken against his client.
CON.CASE(C) NO. 365 OF 2021
3. However, the learned Government Pleader -
Sri.V.Venugopal, submitted that even as per his latest
instructions, Annexure R2(A) proposal - stated to have
been forwarded by the Manager, has not yet reached the
1st respondent. He, submitted that, therefore, the 2nd
respondent be directed to forward the same again, so
that necessary action can be taken by the 1st
respondent in terms of the directions in the judgment.
4. Since I notice that there is a dispute as to
whether Annexure R2(A) has been sent by the 2nd
respondent - Corporate Manager, and since I do not
think it is necessary or worthwhile for this Court to
enter into a controversy on that issue at this time, I
deem it appropriate that 2nd respondent be directed to
forward a fresh copy of Annexure R2(A) to the 1st
respondent, so that the action as directed in the
judgment can then be completed within a time frame.
Resultantly, I close this contempt case,
directing the 2nd respondent to forward a copy of
Annexure R2(A) - properly validated, and with all
necessary documents - to the 1st respondent, within a
CON.CASE(C) NO. 365 OF 2021
period of two weeks from the date of receipt a copy of
this judgment; with a consequential direction to the
1st respondent to complete the action as ordered in the
judgment within a period of one month from the date on
which the proposal reaches him in terms of the afore
directions.
Needless to say, the petitioner will be at full
liberty to approach this Court with a fresh contempt
case, if these directions are also not complied with.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
CON.CASE(C) NO. 365 OF 2021
APPENDIX OF CON.CASE(C) 365/2021
PETITIONER'S ANNEXURES:
ANNEXURE-I TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 04.06.2007
ANNEXURE-II TRUE COPY OF THE ORDER NO.A-
2166/07/K.DIS DATED 04.06.2008 OF THE
AEO, TRIPUNITHURA
ANNEXURE-III TRUE COPY OF THE ORDER NO.MDM/1/2010
DATED 20.05.2010 OF THE MANAGER
ANNEXURE-IV TRUE COPY OF THE ORDER NO.MDM/2/2010
DATED 29.05.2010 OF THE MANAGER
ANNEXURE-V TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 01.06.2010
ANNEXURE-VI TRUE COPY OF THE GO(RT)
NO.615/2020/G.EDN DATED 03.02.2020
ANNEXURE-VII CERTIFIED COPY OF THE JUDGMENT IN WPC
NO.20895/2020 DATED 22.10.2020
ANNEXURE-VIII TRUE COPY OF THE ORDER NO.C/1979/2020
DATED 15.12.2020 ISSUED BY THE AEO
RESPONDENT'S/S EXHIBITS :
EXHIBIT R2(A) TRUE COPY OF THE PETITIONERS PROPOSAL
FOR APPROVAL WHICH WAS FORWARDED BY THE
MANAGER DATED 2.6.2007 TO THE HEAD
MISTRESS AND AEO.
EXHIBIT R2(B) TRUE COPY OF THE APPOINTMENT ORDER
DATED 4.6.2007.
//TRUE COPY//
P.A. TO JUDGE
