Lilly.P vs M.Mehaboob
2021 Latest Caselaw 16789 Ker

CON.CASE(C) NO. 941 OF 2021       1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                     CON.CASE(C) NO. 941 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 27879/2020 OF HIGH COURT OF
                          KERALA, ERNAKULAM
PETITIONER/PETITIONER:

             LILLY.P,
             AGED 39 YEARS,
             W/O.E.S.SHAJI, RESIDING AT 'HARIMALA',
             NEAR SHIVA TEMPLE, MELE CHOVVA, CHOVVA P.O.,
             KANNUR TOWN, KANNUR TALUK, KANNUR DISTRICT 670 006

             BY ADV V.T.MADHAVANUNNI



RESPONDENT/RESPONDENT NO.1:

             M.MEHABOOB
             AGED ABOUT 50 YEARS, FATHER'S NAME NOT KNOWN,
             CHAIRMAN, KERALA STATE CO-OPERATIVE CONSUMERS'
             FEDERATION LTD., GANDHI NAGAR, KADAVANTHRA,
             ERNAKULAM 682020

             BY ADV M.SASINDRAN




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 941 OF 2021        2

                                 JUDGMENT

This Contempt Case has been filed complaining of non-compliance of

the directions issued by this Court in judgment dated 16.12.2020.

2. While disposing of the writ petition, this Court had directed the

respondent herein to take up the appeal preferred by the petitioner and to

dispose of the same in accordance with law. The petitioner contends that the

judgment was rendered by this Court on 16.12.2020 and the respondent was

bound to consider the appeal and pass orders within a period of three

months. Instead of complying with the directions in the judgment, an order

dated 24.12.2020 was forwarded to the petitioner, which was received by her

on 3.3.2021. According to the petitioner, the respondent has wilfully flouted

the directions issued.

3. An affidavit has been filed by the respondent wherein, it is stated

that the writ petition had come up for admission on 16.12.2020 and the case

was disposed of on the date of admission itself. The petitioner had not

stated in the writ petition that the appeal preferred by her had already been

heard. Reliance is placed on Annexure-R(a) email communication dated

27.10.2020 sent by the petitioner to the Chairman of the Consumerfed,

wherein the petitioner has admitted that her version was heard over phone

and that all the contentions have been stated in detail in the appeal

memorandum. It is stated that the meeting of the committee was held on

28.10.2020, and a decision was taken in the appeal. All that had to be done

thereafter was to issue a copy of the order to the petitioner. It is stated that

the respondents were not able to submit this fact before this Court as the

case was disposed of on the date of admission itself. It is further stated that

as the petitioner was heard and as the orders were passed thereafter, it was

quite unnecessary to hear her afresh. The respondent has also rendered an

unconditional apology for not bringing the above fact to the notice of this

Court by filing a review petition.

4. I have considered the submissions advanced. From Annexure-

R(a) copy of the e-mail sent by the petitioner to the respondent, it appears

that the petitioner has acknowledged that she was heard by the respondent

herein on 27.10.2020. The sending of the email and the fact that hearing

was conducted is not disputed by the petitioner. This fact was not brought to

the notice of this Court when the writ petition was filed.

Having considered the entire facts, I do not think that a case of

contempt is made out against the respondent. Reserving the right of the

petitioner to challenge the order in accordance with law, this contempt case

is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX OF CON.CASE(C) 941/2021

PETITIONER'S ANNEXURE:

Annexure A1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.27879/2020 OF THIS HON'BLE COURT DATED 16.12.2020

Annexure A2 TRUE COPY OF THE NOTICE SENT TO THE RESPONDENT BY THE PETITIONER'S COUNSEL DATED 5.1.2021

Annexure A3 POSTAL RECEIPT ISSUED BY THE POSTAL AUTHORITIES DATED 6.1.2021

Annexure A4 TRUE COPY OF THE REGISTERED COVER DATED 1.3.2021 SENT OT THE PETITIONER BY THE RESPONDENT

Annexure A5 TRUE COPY OF THE ORDER IN APPEAL NO.12/2020 PASSED BY THE RESPONDENT DATED 24.12.2020

RESPONDENT'S ANNEXURE:

Annexure R1 A TRUE COPY OF THE E-MAIL COMMUNICATION DATED 27.10.2020 SENT BY THE WRIT PETITIONER TO THE CHAIRMAN OF THE CONSUMERFED.