Kerala High Court
T.Muhammed Faisi vs A.Shajahan.I.A.S on 20 July, 2021
Con.Case(C) No.1032/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Tuesday, the 20th day of July 2021 / 29th Ashadha, 1943
CONTEMPT CASE(CIVIL) NO. 1032 OF 2021(S) IN WP(C) 8849/2017
PETITIONER
T.MUHAMMED FAISI,S/O.MOYINKUTTY HAJI,THENATH HOUSE,ELAMBRA,PAYYANAD
P.O.,MANJERI VIA, MALAPPURAM DISTRICT,PIN-676 122.
BY ADVOCATES M/S.P.VENUGOPAL,T.J.MARIA GORETTI AND FERHA AZEEZ
RESPONDENT
1. A.SHAJAHAN.I.A.S,FORMER SECRETARY,GENERAL EDUCATION
DEPARTMENT,GOVERNMENT SECRETARIAT, ANNEXE
II,THIRUVANANTHAPURAM,PIN-695 001.
2. A.P.M.MOHAMMED HANISH I.A.S.,SECRETARY,GENERAL EDUCATION
DEPARTMENT,GOVERNMENT SECRETARIAT,ANNEXE
II,THIRUVANANTHAPURAM,PIN-695 001.
3. K.JEEVAN BABU I.A.S.,DIRECTOR OF GENERAL EDUCATION,
(FORMERLY,DIRECTOR OF PUBLIC INSTRUCTIONS)
JAGATHI,THIRUVANANTHAPURAM,PIN-695 014.
SRI.ARAVINDAKUMAR BABU,SENIOR GOVERNMENT PLEADER FOR RESPONDENTS
This Contempt of court case (civil) having come up for orders on
20.07.2021, the court on the same day passed the following:
Con.Case(C) No.1032/2021 2/3
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
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Cont. Case (C) No.1032 of 2021-S
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Dated this the 20th day of July, 2021
ORDER
S.MANIKUMAR, C.J.
Alleging non compliance of the directions contained in the judgment in
W.P.(C)No.8849/2017 dated 29.7.2020, instant contempt petition is filed. As
per the said judgment, this court directed respondents 1 and 2 therein (State
of Kerala and Director of Public Instructions) to sanction establishment of
Government L.P.School, at Elambra of Manjeri Municipality within a period of
three months from the date of receipt of certified copy of the judgment.
2. Mr.P.Venugopal, learned counsel for the contempt petitioner
submitted that now more than one year has elapsed. But the respondents
have not issued even an order sanctioning establishment of school. Request
was pending for more than 30 years. In such circumstances, contempt
petitioners approached this court seeking indulgence of this court to invoke
the provisions of Contempt of Courts Act 1971.
3. Mr.Aravindakumar Babu, learned Senior Government Pleader
submitted that this contempt case is coming for the first time. Hence, some
time may be granted to get instructions in the matter.
Con.Case(C) No.1032/2021 3/3
Cont. Case (C) No.1032 of 2021
4. Having regard to the submission of the learned counsel for the
contempt petitioner, judgment in W.P.(C)No.8849/2017 dated 29.7.2020 and
considering the need for free and compulsory education to the children and
more particularly, of the fact that the establishment of school is in a socially
and educationally backward area, we issue statutory notice to the
respondents returnable within four weeks. Respondents are directed to
appear in person and explain the reasons for the non-compliance of the
directions contained in the judgment in letter and spirit.
Post on 24.8.2021.
sd/-
S.MANIKUMAR
CHIEF JUSTICE
sd/-
SHAJI P. CHALY
JUDGE
jes
20-07-2021 /True Copy/ Assistant Registrar
