Kerala High Court
Shakkeer.E.M vs M.P.Dinesh Ips on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
CON.CASE(C) NO. 2079 OF 2019
AGAINST THE ORDER/JUDGMENT IN WP(C) 17290/2019 OF HIGH
COURT OF KERALA
PETITIONER:
SHAKKEER.E.M.,
AGED 49 YEARS
S/O.MUHAMMADALI, (DRIVER, KSRTC, MUVATTUPUZHA),
ELAVANKOTTILPUTHENPURA, KIZHAKKEKKARA,
MUVATTUPUZHA P.O., 686661, ERNAKULAM DISTRICT.
BY ADVS.
T.P.PRADEEP
SRI.P.K.SATHEES KUMAR
RESPONDENT:
M.P.DINESH IPS,
(AGE AND FATHER'S NAME IS NOT KNOWN TO THE
PETITIONER), MANAGING DIRECTOR, KERALA STATE ROAD
TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT,
TRIVANDRUM- 695023.
SC, KSRTC-SRI.T.P.SAJAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Cont.Case(C)2079 OF 2019 2
JUDGMENT
The petitioner has filed this Contempt Case, alleging willful
disobedience of the directions contained in Annexure-A judgment
of this Court dated 26.06.2019 in W.P.(C)No.17290 of 2019,
whereby that writ petition was disposed of by directing the
respondent herein to take necessary steps to disburse the
amount sanctioned vide Ext.P4 order dated 05.06.2018 of the
Executive Director (Administration) towards medical
reimbursement to the petitioner, as expeditiously as possible, at
any rate, within a period of one month from the date of receipt of
a certified copy of that judgment.
2. On 22.10.2019, when this Contempt Case came up for
admission, the learned Standing Counsel for KSRTC sought time
to get instructions.
3. On 06.01.2020, when this Contempt Case came up for
consideration, by a detailed order, this Court referred the matter
to the Division Bench on finding that the petitioner has made out
a prima facie case to refer the Contempt Case to the Division
Bench.
4. In M.P. Varghese v. V.P. Devassia [order dated
02.02.2021 in Cont. Case (C)Nos.1073 of 2014 & 1139 of 2016],
a Division Bench of this Court held that, in a civil contempt, a
learned Single Judge is vested with ample powers to proceed
absolutely to its culmination in a contempt proceeding initiated
under the Contempt of Courts Act, 1971, by virtue of
constitutional and statutory powers conferred in the Kerala High
Court Act, 1958 and the Contempt of Courts Act, 1971.
Therefore, the Division Bench struck down Rule 6 of the
Contempt of Courts (High Court of Kerala) Rules under the
Contempt of Courts Act, 1971, as ultra vires to the Constitution
of India and sub-section (1) of Section 19 of the Contempt of
Courts Act, 1971. In view of the above declaration, the Division
Bench held that the references made so far, to the Division Bench
by the learned Single Judges, have to go back to the respective
learned Single Judges, for adjudication. Registry was directed to
take steps to send back all the civil contempt cases pending in
reference, to the learned Single Judges, as per the roster.
5. Today, when the case is taken up for consideration,
the learned counsel for the petitioner would point out that the
respondent has already complied with the directions contained in
Cont.Case(C)2079 OF 2019 4
Annexure-A judgment and as such, the petitioner has not taken
steps to file an application to implead the present Managing
Director of KSRTC, as an additional respondent in this contempt
case.
6. The learned counsel for the petitioner and also the
learned Standing Counsel for KSRTC would submit that, since the
directions in the judgment has already been complied with, the
proceedings in this contempt case may be closed.
Recording the above submissions made by the learned
counsel on both sides, this Contempt Case is closed.
Sd/-
ANIL K. NARENDRAN
JUDGE
yd
Cont.Case(C)2079 OF 2019 5
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A CERTIFIED COPY OF THE JUDGMENT DATED
26.06.2019 IN WP(C)NO.17290/2019.
RESPONDENT'S ANNEXURES:NIL
TRUE COPY
P.A. TO JUDGE
