P. Ayoob vs Sri. A.Shajahan Ias
2021 Latest Caselaw 5610 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

              THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

          Con.Case(C).No.1794 OF 2020 IN WP(C). 13154/2017

   AGAINST THE JUDGMENT IN WP(C) 13154/2017(T) OF HIGH COURT OF
                              KERALA


PETITIONER/PETITIONER:

      1      P. AYOOB
             AGED 49 YEARS
             SON OF MUHAMMED MASTER,
             HIGHER SECONDARY SCHOOL TEACHER (HISTORY) JR.,
             JNR HIGHER SECONDARY SCHOOL,
             SALAH NAGAR, EDAVANNA, MALAPPURAM DISTRICT
             (RESIDING AT PERUMBALATH (H), ERANHIKODE P.O.,
             EDAVANNA, KUNDUTHODE, MALAPPURAM DISTRICT 676 541)

      2      SWAPNA K.T.
             AGED 48 YEARS
             DAUGHTER OF ADBULLA HAJI K.T.,
             HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS) JR.,
             JNR HIGHER SECONDARY SCHOOL,
             SALAH NAGAR, EDAVANNA, MALAPPURAM DISTRICT
             (RESIDING AT KANAVU (H), EKKABARAMBA,
             KUZHIKANNA P.O. KONDOTTY,
             MALAPPURAM DISTRICT 676 641)

      3      MOHAMMED ASHRAF MELENEETICHALI
             AGED 45 YEARS
             SON OF MOIDEEN M.,
             HIGHER SECONDARY SCHOOL TEACHER (POLITICAL SCIENCE),
             JNR HIGHER SECONDARY SCHOOL, SALAH NAGAR,
             EDAVANNA, MALAPPURAM DISTRICT
             (RESIDING AT ADEEL MANZIL, POOLAKANDI,
             KUNIYIL NORTH, KIZHUPARAMBA P.O.,
             MALAPPURAM DISTRICT 676 639)

      4      FIROZKHAN UZHUNNAN
             AGED 37 YEARS
             SON OF ABBAS U.,
             HIGHER SECONDARY SCHOOL TEACHER (SOCIOLOGY) JR.,
             JNR HIGHER SECONDARY SCHOOL, SALAH NAGAR,
             EDAVANNA, MALAPPURAM DISTRICT
             (RESIDING AT PEEDIYAKKAL HOUSE, PUTHALAM, AREEKODE
             P.O., MALAPPURAM DISTRICT 676 639)
 Con.Case(C).No.1794 OF 2020
IN WP(C). 13154/2017
                                      2


                   BY ADVS.
                   SRI.V.A.MUHAMMED
                   SRI.M.SAJJAD

RESPONDENTS/RESPONDENTS:

         1         SRI. A.SHAJAHAN IAS,
                   AGE AND FATHER'S NAME NOT
                   KNOWN TO THE PETITIONER,
                   SECRETARY TO GOVERNMENT, GENERAL EDUCATION
                   DEPARTMENT, SECRETARIAT ANNEXE-II,
                   THIRUVANANTHAPURAM-695 001

         2         SRI. JEEVAN BABU K. IAS.
                   AGE AND FATHER'S NAME NOT
                   KNOWN TO THE PETITIONER,
                   DIRECTOR OF HIGHER SECONDARY EDUCATION,
                   HIGHER SECONDARY WING, HOUSING BOARD BUILDING,
                   SANTHI NAGAR, THIRUVANANTHAPURAM-695 001

         3         SMT.SHEHA LATHA K.
                   AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
                   REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
                   EDUCATION, MALAPPURAM-676 519


                   BY ADVS.SRI.SURIN GEORGE IPE

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Con.Case(C).No.1794 OF 2020
IN WP(C). 13154/2017
                                           3


                                   JUDGMENT

Dated this the 16th day of February 2021

This contempt case is filed complaining that the

directions contained in the judgment dated 28.11.2019 is not

complied with. In fact the direction was issued on the basis of

the judgment in W.A. No.2956 of 2015 dated 28.02.2019 and

other connected cases.

Today when the matter was taken up, the learned Senior

Government Pleader Sri.Surin George Ipe, submitted that the

judgment in W.A.No.2956/2015 specified above was stayed by

the Apex Court on 12.07.2019.

In that view of the matter and since the judgment in

question was depended upon the judgment in the earlier W.A,

I do not think at present the contempt petition can be

considered on its merit. In the afore circumstances, this

contempt petition is closed, leaving open the liberty of the

petitioner to re-open the same, if situation warrants.

Sd/-

SHAJI P. CHALY JUDGE

VPK Con.Case(C).No.1794 OF 2020 IN WP(C). 13154/2017

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE JUDGMENT IN W.P.(C) NO.13154 DATED 28.11.2019