O.V.Sreedath vs The Judicial First Class ...
2021 Latest Caselaw 9671 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                      WP(C).No.5243 OF 2021(E)


PETITIONER:

              O.V.SREEDATH
              AGED 41 YEARS
              S/O.K.S.ONE, AARANYALAYAM, ARIPPA CHOZHIYAKKODU POST,
              KULATHUPPUZHA, KOLLAM DISTRICT-691 310, PERMANENTLY
              RESIDING AT GOVINDA MANDIRAM, THALAYAL, RUSSELPURAM
              POST, BALARAMAPURAM, THIRUVANANTHAPURAM DSITRICT-695
              501.

              BY ADVS.
              SRI.G.P.SHINOD
              SRI.GOVIND PADMANAABHAN
              SHRI.AJIT G ANJARLEKAR

RESPONDENT:

              THE JUDICIAL FIRST CLASS MAGISTRATE -III
              OFFICE OF THE JUDICIAL FIRST CLASS MAGISTRATE III,
              NEYYATTINKKARA, THIRUVANANTHAPURAM DISTRICT-695 121.


OTHER PRESENT:

              SR.PP.C.S.HRITHWIK

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)NO.5243 OF 2021
                                  2




                          JUDGMENT

Dated this the 23rd day of March 2021

The grievance of the petitioner is against the

initiation of contempt proceedings by the Judicial First

Class Magistrate-III, Neyyattinkara, based on the

notices issued by the petitioner. The notices were

sent, aggrieved by dismissal of the complaints filed by

the petitioner. The learned Magistrate found the

language used in the notice is to be derogatory and

its tone to be threatening and hence, initiated

contempt proceedings against the petitioner.

2. The procedure to be followed while initiating

contempt proceedings is stated in Section 15 of the

Contempt of Courts Act, 1971 and Rule 8 of the

Contempt of Courts (High Court of Kerala) Rules. The

decision in Biju Antony Aloor v. Principal District

and Sessions Judge and Another [2018 (3) KHC

305] has dealt with the procedure elaborately.

Being so, the writ petition is closed. While W.P.(C)NO.5243 OF 2021

continuing the contempt proceedings, the learned

Magistrate shall follow the procedure prescribed under

Section 15 of the Contempt of Courts Act, 1971 and

Rule 8 of the Contempt of Courts (High Court of

Kerala) Rules and refer the decision in Biju Antony

Aloor v. Principal District and Sessions Judge

and Another for guidance.

Sd/-

V.G.ARUN

JUDGE

NB/23.03.2021 W.P.(C)NO.5243 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LEGAL NOTICE DATED 31.01.2021 ISSUED BY THE PETITIONER TO THE RESPONDENT (IN CONNECTION WITH CMP NO.1535 OF 2020)

EXHIBIT P2 A TRUE COPY OF THE LEGAL NOTICE DATED 31.01.2021 ISSUED BY THE PETITIONER TO THE RESPONDENT (IN CONNECTION WITH CMP NO.30 OF 2021).

EXHIBIT P3 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 11.02.2021 ISSUED BY THE JUDICIAL FIRST CLASS MAGISTRATE III, NEYYATTINKARA.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE