Reshma T vs Dr. Jayakumar B
2021 Latest Caselaw 13164 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
        WEDNESDAY, THE 23RD DAY OF JUNE 2021/2ND ASHADHA, 1943
                     CON.CASE(C).NO.883 OF 2021


 AGAINST THE ORDER/JUDGMENT IN WP(C).NO.37009/2016 OF HIGH COURT
                       OF KERALA, ERNAKULAM
PETITIONER/PETITIONER:

            RESHMA T., AGED 30 YEARS
            PAIN & PALLIATIVE COMMUNITY CARE NURSE,
            (IN CONTRACT EMPLOYMENT UNDER PMC), COMMUNITY HEALTH
            CENTRE, CHAVARA, KOLLAM, PIN-691583, NOW RESIDING AT
            VISHNU BHAVANAM, KOLLAKA P.O., KARUNAGAPALLY-690536.

            BY ADVS.ABRAHAM VAKKANAL (SR.)
                    VINEETHA SUSAN THOMAS


RESPONDENTS/RESPONDENTS:

    1       DR.JAYAKUMAR B
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
            MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, CHAVARA P.O.,
            KOLLAM, PIN-691583, EMAIL ID: [email protected]

    2       SMT.SHAMI,
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER THE
            CHAIRPERSON, PALLIATIVE CARE MANAGEMENT COMMITTEE-
            PRESIDENT, PANMANA GRAMA PANCHAYATH, CHAVARA P.O.,
            KOLLAM, PIN-691583, EMAIL ID:[email protected]

    3       SHRI.K.SAJEEV,
            AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER
            SECRETARY, THE PANMANA GRAMA PANCHAYAT, CHAVARA P.O.,
            KOLLAM, PIN-691583, EMAIL ID: [email protected]

            BY SMT.RAJI T. BHASKAR, GOVT. PLEADER
            BY DR.K.P.SATHEESAN (SR.), SC
            BY ADV.SRI.P.MOHANDAS, SC

          THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
     FOR ADMISSION ON 23.06.2021, THE COURT ON THE SAME DAY
     DELIVERED THE FOLLOWING:
 Cont. Case (C).No.883/2021       :: 2 ::




                             JUDGMENT

On going through the averments in the Contempt of Court

Case, I find that the factual circumstances that led to the grant of

an interim order dated 22.11.2016 in W.P.(C).No.37009/2016 were

entirely different from the circumstances that led to the alleged

action now initiated by the respondents against the petitioner. I

therefore find that through the present action of the respondents,

there is no willful breach of the interim order passed by this Court

in W.P.(C).No.37009/2016, and hence, the present Contempt of

Court Case, alleging breach of the said order, is dismissed.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

prp/23/6/21 Cont. Case (C).No.883/2021 :: 3 ::

APPENDIX OF CON.CASE(C).NO.883/2021

PETITIONER'S EXHIBITS:

Annexure A1 CERTIFIED COPY OF THE ORDER DATED 22.11.2016 OF THIS HON'BLE COURT IN WP(C) 37009/2016.

Annexure A2 TRUE COPY OF THE LETTER OF THE ADVOCATE OF THE PETITIONER DATED 23.11.2016 COMMUNICATING ANN A1 ORDER TO THE RESPONDENTS.

Annexure A3 TRUE COPY OF THE CERTIFICATE FROM ADV.JAYAPRAKASH DATED 21.05.2021 REGARDING THE FILING TO DIVORCE CASE BY PETITIONER.

Annexure A4 TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE ISSUED FROM THE CHAVARA POLICE STATION DATED 03.06.2021.

Annexure A5 TRUE COPY OF THE ORDER NO.P4-8359/16 DATED 02.06.2021 ISSUED BY THE SECRETARY, PANMANA GRAMA PANCHAYATH.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE