Gopalakrishna Pillai K. R vs Dr.S.Venketesapathy Ias
2021 Latest Caselaw 15749 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                 CON.CASE(C) NO. 1021 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 26612/2020 OF HIGH COURT OF
                      KERALA, ERNAKULAM
PETITIONER:
          GOPALAKRISHNA PILLAI K. R.
          AGED 63 YEARS
          S/O. THE LATE RAMAKRISHNA PILLAI, ASSISTANT
          ENGINEER (RETIRED), INVESTIGATION PLANNING AND
          DESIGN SECTION III, KERALA WATER AUTHORITY,
          CEMETARY JUNCTION, KOCHI, RESIDING AT KIZHAKKAYIL
          HOUSE, KOLAPRA, KUDAYATHOOR P.O, THODUPUZHA,
          IDUKKI DISTRICT-685 590

         BY ADV S.ANEESH


RESPONDENTS:

    1    S.VENKETESAPATHY IAS
         AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
         MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA
         BHAVAN, VELLAYAMBALAM P.O, THIRUVANANTHAPURAM-695
         033

    2    GIREESAN P,
         AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
         CHIEF ENGINEER (HRD AND GI), KERALA WATER
         AUTHORITY, JALA BHAVAN, VELLAYAMBALAM
         P.O,THIRUVANANTHAPURAM-695 033.

    3    SHIJITH V,
         AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
         FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER, OFFICE
         OF THE MANAGING DIRECTOR, KERALA WATER AUTHORITY,
         FINANCE WING, JALA BHAVAN, VELLAYAMBALAM P.O,
         THIRUVANANTHAPURAM-695 033

         BY ADV MARY BENJEMIN - SC


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO.1021/2021           2

                               JUDGMENT

This contempt case has been filed on the

allegation that the directions in the judgment in

W.P(C)No.26612 of 2020 dated 14.12.2020 have not

been complied with.

2. However, Smt.Mary Benjamin, learned

Standing Counsel for the respondents, submitted

that the entire amount of DCRG has been paid,

except the interest ordered therein, which she

asserts, has already been vacated by this Court

through the order in Review Petition No.493 of

2021.

3. I find the submissions of Smt.Mary Benjamin

to be accurate because, through the order in Review

Petition No.493 of 2021, this Court has recalled

the order to pay interest and consequently only the

amounts of DCRG were required to be paid by the

Kerala Water Authority.

4. Since Smt.Mary Benjamin submits that these

amounts have already been paid, I do not think that

anything survives in this contempt case, though I

am also aware that contention of the petitioner is

that other retiral benefits have not been paid.

However, neither did the petitioner impel such

contentions in the writ petition nor did this Court

issue any such orders in the judgment. Obviously,

therefore, if the petitioner has any such

grievance, he will have to approach this Court with

a fresh writ petition, rather than pursue this

contempt case.

This contempt case is thus closed; with the

afore liberty being reserved to the petitioner.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/4.8

APPENDIX OF CON.CASE(C) 1021/2021

PETITIONER ANNEXURE

Annexure I TRUE COPY OF JUDGMENT DATED 14.12.2020 IN W.P.(C) NO. 26612 OF 2020.