Hariharan.K vs Sunitha.S
2021 Latest Caselaw 12775 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR.JUSTICE S.V.BHATTI
         TUESDAY, THE 8TH DAY OF JUNE 2021 / 18TH JYAISHTA, 1943
                       CON.CASE(C) NO. 1641 OF 2020
     AGAINST THE ORDER IN WP(C) 2480/2020 OF HIGH COURT OF KERALA
PETITIONER/S:

           HARIHARAN.K
           AGED 50 YEARS
           S/O.BALAKRISHNAN NAIR, HARISREE, CHEMBRASSERI P.O.,
           PANDIKKAD, MALAPPURAM DISTRICT-676 521, HEAD MASTER
           (UNDER SUSPENSION) A.U.P. SCHOOL, CHEMBRASSERI P.O.,
           CHEMBRASSERI-676 521
           BY ADVS.
           BIJU ABRAHAM
           SRI.K.NIKHIL NARAYAN
           SMT.LAKSHMI MOHAN
           SMT.LILIA JOHN
           SMT.MARY STEPHY K.F.
           SHRI.SHABEER ALI MOHAMED


RESPONDENT/S:

     1     SUNITHA.S
           AGED 48 YEARS
           FATHER'S NAME NOT KNOWN, THE ASSISTANT EDUCATIONAL
           OFFICER, MANJERI, MALAPPURAM DISTRICT-676 121
     2     MR.M.MOHANAN NAMBOODIRIPAD
           S/O.M.SUBRAHMANIAN NAMBOODIRIPAD, AGED 78 YEARS, THE
           MANAGER, A.U.P. SCHOOL, CHEMBRASSERI P.O., CHEMBRASSERI,
           PANDIKKAD, MALAPPURAM DISTRICT-676 521
           BY ADV SRI.S.KRISHNAMOORTHY


OTHER PRESENT:

           GP RANJITHA


THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON
08.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Contempt case (C) No. 1641/2020
                                    -2-




                             JUDGMENT

Heard Advocates Biju Abraham, Government Pleader

Ranjita and S. Krishnamurthy for parties.

2. The instant contempt case is filed complaining

disobedience of undertaking noted in order dated 29.01.2020,

which reads as follows:

"The attention of this Court is invited to the judgment in Ext.P22. Sri.P.M. Manoj, the learned Senior Government Pleader, states that he would get instructions within two weeks and in the meantime, precipitative action resulting in closure of enquiry, filing report et.,c will not be taken up 4 th respondent."

3. Presumably, the contempt case is filed by referring to

a few acts undertaken by the respondents herein, which,

according to petitioner, resulted in closure of enquiry, filing of Contempt case (C) No. 1641/2020

report etc. Looking at the nature or scope of order dt.

29.01.2020, Advocate Biju Abraham with considerable force at

his disposal, tried to convince this Court that the order dated

29.01.2020 is willfully and deliberately disobeyed by the

respondents for all steps are taken and issue made fait accompli.

Therefore, the Contempt Case warrants further consideration

by this Court.

4. Advocate Krishnamurthy informs the Court that the

principle of law is that the interim orders merges with the final

order. In the case on hand, he requests the Court not to

proceed to consider the interim order dated 29.01.2020 to

appreciate the acts of the commission and omission now

canvassed by the petitioner. In continuation thereof, he brings

to the notice of the Court that on 20.11.2020, W.P.(C)

No.2480/2020 was disposed of in favour of the petitioner herein.

The Manager filed W.A. No.1562/2020 and the Division Bench of Contempt case (C) No. 1641/2020

this Court allowed the Writ Appeal on 01.12.2020. Therefore the

interim order merged with final judgment in W.P.(C)

No.2480/2020 and the petitioner ought not to nurture grievance

in the form of contempt by referring to the interim order dated

29.01.2020. The petitioner filed Review Petition No. 944/2020 in

W.A. No.1562/2020 and in the review specific reference to the

interim order dated 29.01.2020 has been made. The Division

Bench appreciated the interim order to the extent warranted

for disposing of the Review Petition and a finding has been

recorded that the respondents have not committed breach of

interim order dated 29.01.2020. Therefore, he prays for

dismissing the contempt case.

5. The Government Pleader invites the attention of the

Court to a few orders passed by this Court calling upon her

client to expeditiously finalize the enquiry. Under these

circumstances, it cannot be said that the steps taken in Contempt case (C) No. 1641/2020

compliance with the orders passed by this Court shall be

considered as act of contempt of any order.

6. I have perused the record and taken note of the

circumstances under which the statement of Government

Pleader is placed on record and the purport of Ext.P22 referred

in interim order, and the subsequent orders made by this Court

while disposing of W.P.(C) No.2480/2020, Writ Appeal No.

1562/2020 and Review Petition No.944/2020. It would have been

certainly a different circumstance, had the Writ Petition been

pending as on date. The interim order stood extended from

time to time. It is needless to observe that altogether a

different consideration would arise if the writ petition stood

disposed of in favour of the petitioner. The Division Bench by

order dated 01.12.2020 had set aside the judgment of the

learned Single Judge and while disposing of the Review Petition

has taken into consideration the interim order and the steps Contempt case (C) No. 1641/2020

taken by the respondents.

7. It is definitely a matter for due deliberation for this

Court, after considering each one of the circumstances

independently and appreciating the predicament the

respondent was facing. Having regard to the view recorded by

the Division Bench, I am of the view that it is unnecessary to

continue the enquire into the alleged disobedience by the

respondents of interim order dated 29.01.2020. I am convinced

the matter does not warrant further consideration.

Hence, the Contempt Case is dismissed.

Sd/-

S.V.BHATTI JUDGE

jjj Contempt case (C) No. 1641/2020

APPENDIX OF CON.CASE(C) 1641/2020

PETITIONER ANNEXURE ANNEXURE A1 THE CERTIFIED COPY OF THE ORDER DATED 29.01.2020 IN W.P.(C) NO.2480/2020 OF THIS COURT ANNEXURE A2 A TRUE COPY OF THE NOTICE OF ENQUIRY ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 25.08.2020 ANNEXURE A3 A TRUE COPY OF THE NOTICE DATED 27.08.2020 OF THE PETITIONER'S COUNSEL TO THE 1ST RESPONDENT ANNEXURE A4 A TRUE COPY OF THE REPORT WITH COVERING LETTER DATED 22.09.2020 OF THE 1ST RESPONDENT ANNEXURE A5 A TRUE COPY OF THE ORDER DATED 25.09.2020 IN W.P.(C) NO.17659/2020 OF THIS HON'BLE COURT ANNEXURE A6 A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT ANNEXURE A7 A TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 01.10.2020 ANNEXURE A8 A TRUE COPY OF THE LAWYER NOTICE ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 01.10.2020 ANNEXURE A9 A TRUE COPY OF THE COMMUNICATION DATED 07.10.2020 OF THE 2ND RESPONDENT.