Joshy John vs A.Shajahan, Ias
2021 Latest Caselaw 12789 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. 725 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 10152/2020 OF HIGH COURT OF
                           KERALA
PETITIONER/S:

         JOSHY JOHN
         AGED 49 YEARS
         S/O. JOHN ORATHEL HIGH SCHOOL TEACHER (ENGLISH),
         T. SEBASTIAN'S HIGHER SECONDARY SCHOOL,
         VELIMANAM, VELIMANAM P.O., KANNUR DISTRICT-
         670704, RESIDING AT ORATHEL HOUSE,
         ANGADIKADIKADAVU P.O., KILIANTHARA VIA, KANNUR
         DISTRICT-670706.
         BY ADV MURALI PALLATH

RESPONDENT/S:

         A.SHAJAHAN, IAS
         SECRETARY TO GOVERNMENT, GENERAL EDUCATION
         DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX II),
         THIRUVANANTHAPURAM-695001. (AGE AND NAME OF
         FATHER NOT KNOWN TO THE PETITIONER).
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. 725/2021
                                   -2-




                            JUDGMENT

Heard Advocate Murali Pallath and Government Pleader

Ranjita for parties.

2. The instant Contempt Case is filed complaining

disobedience of Annexure-I order, directing the 1st respondent

to consider and dispose of Ext.P9 representation as

expeditiously as possible, preferably within four months from

the date of receipt of a copy of the judgment in WP(C)

No.10152/2020. On 22.05.2020, the writ petition was disposed

of. The contempt is alleged based on time line stipulated by this

Court. The non-performance within the stipulated time,

therefore, amounts to willful and deliberate disobedience of the

order of this Court.

3. The Government Pleader Ranjitha states that a few Contempt Case (C) No. 725/2021

steps have been taken in the matter. She, however, but honestly

informs the Court that a final decision could not be taken as per

the schedule or within the time granted in this behalf, due to

the lock down either fully or partially from 23rd March 2020 to

September 2020. This resulted in accumulation of files and also

overburden on staff. Presently, once again the establishment is

placing pressure. Therefore, she informs the Court that needful

in the matter is done by the respondent, if sufficient time is

granted from the date of receipt of copy of this judgment.

4. Having regard to the development stated above, I am

convinced that the contempt case ought not be kept pending or

pursued, but to enable the respondents to record compliance

and to meet the ends of justice, the suggestion made by the

Government Pleader could be accepted.

5. Hence the contempt case stands closed with the

following observations:

Contempt Case (C) No. 725/2021

(a) The respondent does the needful within three months

from the date of receipt of a copy of the judgment.

(b) The petitioner is given liberty to file an application to

recall the present order, if, for any reason, the respondent fails

to complete or dispose of Ext.P9 revision within the time now

granted by this Court.

Sd/-

S.V.BHATTI JUDGE jjj Contempt Case (C) No. 725/2021

APPENDIX OF CON.CASE(C) 725/2021

PETITIONER ANNEXURE ANNEXURE 1 CERTIFIED COPY OF JUDGMENT DATED 22.05.2020 OF THE HONBLE HIGH COURT OF KERALA IN WPC NO.10152 OF 2020 jjj