Kerala High Court
Smt.Valsalakumari.T.M vs Johnson K on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
CON.CASE(C) NO. 1569 OF 2021
AGAINST THE JUDGMENT IN OP(KAT).NO.22/2021 OF THE HIGH COURT OF KERALA,
ERNAKULAM
PETITIONER/ORIGINAL PETITIONER/APPLICANT IN O.A.:
SMT.VALSALAKUMARI T.M., AGED 60 YEARS
D/O.LATE KUMARAN, RESIDING AT VAISHNAVAM, KATTAYIPARAMBU,
ELATHUR P.O., KOZHIKODE 673 303.
BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU)
RESPONDENT/3RD RESPONDENT IN OP(KAT)/3RD RESPONDENT IN O.A.:
JOHNSON K., CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT,
3RD FLOOR, REVENUE COMPLEX, PUBLIC OFFICE BUILDING,
THIRUVANANTHAPURAM 695 033
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Cont. Case (C) No. 1569 of 2021
- : 2 :-
ALEXANDER THOMAS & T.R.RAVI, JJ.
===============================================
Cont. Case (C) No. 1569 of 2021
[arising out of impugned judgment dated 23.2.2021 in OP(KAT) No. 22/2021]
===============================================
Dated this the 2nd day of November, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The above Contempt of Court case has been filed alleging non
compliance of the directions and orders passed by this Court as per
Anx.A1 judgment rendered as early as on 23.2.2021 in OP(KAT) No.
22/2021, filed by the petitioner herein .
2. Today when the matter has been taken up for
consideration, Sri.Saigi Jacob Palatty, learned Senior Government
Pleader appearing for the respondent would submit on the basis of
instructions that the State authorities have preferred SLP(C)
No.14665/2021 before the Apex Court to impugn Anx.A1 judgment
passed by this Court in OP(KAT) No. 22/2021, and the Apex Court
has passed interim order dated 1.10.2021 in SLP(C) No.14665/2021
Cont. Case (C) No. 1569 of 2021
- : 3 :-
ordering that there will be stay of the operation of the impugned
order (the order at Anx.A1 herein) , and that the interim stay order
secured in this case is still pending.
3. In view of these aspects, we feel that the matter could be
closed.
4. However, Sri.James Abraham (Vilayakattu) would submit
that in case, this Court is now closing the Contempt proceedings,
then, liberty may be given to the petitioner either to file an
application to reopen the present Contempt proceedings or to file a
fresh Contempt of Court case, depending upon the verdict of the Apex
Court as to whether or not it is fully or partially favourable to him.
5. In this view of the matter we feel that it may be better to
give liberty to the petitioner to file a fresh Contempt of Court case
depending upon the orders of the Apex Court, since, by then, if there
is change of officer, the petitioner will have to amend not only the
cause title of present memorandum of Contempt petition, but also
the memo of charges, etc. Hence, it is ordered that liberty is accorded
to the petitioner to file a fresh Contempt of Court case in this matter
Cont. Case (C) No. 1569 of 2021
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depending upon the outcome of the SLP/Civil Appeal, as the case may
be, now pending before the Apex Court.
6. The Registry may return back the certified copy of Anx.A1
judgment to the counsel for the petitioner. However, the Registry will
ensure that a photocopy of Anx.A1 judgment is kept in the original
case file, for the purpose of maintenance of record.
With these observations and directions and with the said
liberty, the above Contempt of Court case will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
MMG
Cont. Case (C) No. 1569 of 2021
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APPENDIX OF CON.CASE(C).NO.1569/2021
PETITIONER'S ANNEXURE:
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED
23.2.2021 IN O.P.(KAT) NO.22/2021
