The Government Servants ... vs Dr.N.K.Kuttappan
2021 Latest Caselaw 715 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

     FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942

          Con.Case(C).No.1050 OF 2020 IN WP(C). 20472/2018

 IN THE JUDGMENT DATED 24.10.2019 IN WP(C) 20472/2018(H) OF HIGH
                         COURT OF KERALA


PETITIONER (PETITIONER IN THE W.P.(C):

             THE GOVERNMENT SERVANTS CO-OPERATIVE SOCIETY
             LTD.NO.E.153, PUTHENCRUZ P.O,
             ERNAKULAM DISTRICT, PIN-682 308,
             REPRESENTED BY ITS SECRETARY.

             BY ADVS.
             SRI.M.M.MONAYE
             SRI.M.PAUL VARGHESE

RESPONDENTS(RESPONDENTS 1 TO 5 IN THE W.P.(C):

      1      DR.N.K.KUTTAPPAN, S/O NOT KNOWN, AGED NOT KNOWN,
             THE DISTRICT MEDICAL OFFICER (HEALTH),
             DISTRICT MEDICAL OFFICE (HEALTH),
             GENERAL HOSPITAL COMPLEX, ERNAKULAM-682 011.

      2      DR. BIJI ELIZABETH KURIAKOSE, D/O NOT KNOWN,
             THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE,
             VADAVUCODU, ERNAKULAM DISTRICT-682 310.

      3      DR. K.A GEORGE, S/O NOT KNOWN, AGE NOT KNOWN,
             THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE,
             PANDAPPILLY-686 672, ERNAKULAM DISTRICT.

      4      DR. SUSMITHABHAI N, D/O NOT KNOWN, AGE NOT KNOW,
             THE MEDICAL OFFICER, GOVERNMENT HOSPITAL,
             AYYAMPILLY, ERNAKULAM DISTRICT-682 501.

      5      DR. TRESA JOSE, AGED 38 YEARS, D/O NOT KNOWN,
             PROJECT DIRECTOR, POVERTY ALLEVIATION UNIT,
             DISTRICT PANCHAYATH, KAKKANAD, ERNAKULAM-682 030.

             BY ADV. SRI. S GOPINATHAN,SR GP

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Con.Case(C).No.1050 OF 2020

                              -2-

                          JUDGMENT

Dated this the 8th day of January 2021

It is to be noted that the treasury officer,

pursuant to contempt proceedings, filed a statement.

2. It is submitted by the learned Senior

Government Pleader that a sum of Rs.4,22,639/- has

been transferred to the petitioner from the amount

deposited in the credit of Martin K George by the

District Medical Officer. In fact this was done

pursuant to direction of this Court and in compliance

of the directions.

3. The learned Senior Government Pleader

submits that the Treasury Officer received a lawyer

notice from Martin K. George. It is to be noted that

the payment is effected pursuant to the direction of

this Court and the Treasury Officer is in no way liable Con.Case(C).No.1050 OF 2020

for the transfer of the amount from the credit of

Martin K. George.

4. In view of the fact the recovery has been

effected from DCRG of Martin George, the contempt

case can be closed. Accordingly, the contempt case is

closed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE akv Con.Case(C).No.1050 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE INTERIM ORDER DATED 19.2.2019 OF THIS HON'BLE COURT, IN WPC NO 20472/2018

ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT DATED 24.10.2019 IN WPC NO 20472/2018

ANNEXURE A3 TRUE COPY OF THE ORDER DATED 20.2.2020 OF THIS HON'BLE COURT, IN RP 1288/2019 IN WPC NO 20472/2018

ANNEXURE A4 TRUE COPY OF THE LETTER DATED 6.11.2019 ADDRESSED TO ALL THE RESPONDENTS

ANNEXURE A5 TRUE COPY OF THE POSTAL RECEIPTS DATED 8.11.2019 FOR SENDING THE LETTER TO THE RESPONDENTS

ANNEXURE A6 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD, IN TOKEN OF HAVING RECEIVED THE LETTER ALONG WITH THE JUDGMENT BY THE RESPONDENT 2 ON 11.11.2019

ANNEXURE A7 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD, IN TOKEN OF HAVING RECEIVED THE LETTER ALONG WITH THE JUDGMENT BY THE RESPONDENT 3 ON 13.11.2019

ANNEXURE A8 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD, IN TOKEN OF HAVING RECEIVED THE LETTER ALONG WITH THE JUDGMENT BY THE RESPONDENT 4 ON 11.11.2019

ANNEXURE A9 TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD, IN TOKEN OF HAVING RECEIVED THE LETTER ALONG WITH THE JUDGMENT BY THE RESPONDENT 5 ON 11.11.2019

ANNEXURE A10 TRUE COPY OF THE COVERING LETTER DATE 22.22.2019 SENDING THE INTERIM ORDER

ANNEXURE A11 TRUE COPY OF THE POSTAL RECEIPTS DATED 23.2.2019 FOR SENDING THE INTERIM ORDER

ANNEXURE A12 TRUE COPY OF THE LETTER DATED 21.4.2020 SENT BY THE PETITIONER IN THE NAME OF THE 1ST RESPONDENT Con.Case(C).No.1050 OF 2020

ANNEXURE A13 TRUE COPY OF THE POSTAL ACKNOWLEDGMENT DUE CARD SHOWING THAT THE ANN A12 LETTER WAS RECEIVED BY THE 1ST RESPONDENT ON 27.4.2020

RESPONDENT'S/S EXHIBITS :

ANNEXURE R1(a) TRUE COPY OF THE LIABILITY CERTIFICATE DATED 11.08.2020 ISSUED BY THE 1ST RESPONDENT.

//TRUE COPY// P.A. TO JUDGE