A.M. Nazeer vs Sajeev P.R
2021 Latest Caselaw 21077 Ker

Con.Case(C) No.1561/2021                        1/4

                              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              PRESENT
                           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
            Wednesday, the 20th day of October 2021 / 28th Aswina, 1943
           CONTEMPT CASE(CIVIL) NO. 1561 OF 2021(S) IN WP(C) 29828/2019
   PETITIONER

           1.A.M. NAZEER,AGED 35 YEARS ,SON OF MUHAMMED,RESIDING AT
           AMBAZHATHINAL HOUSE,NADACKAL.P.O,ERATTUPETTA,KOTTAYAM, PIN-686121.
           2.CATHERINE TOMY,WIFE OF LATE TOMY JOSEPH,RESIDING AT VAZHAYIL
           HOUSE,POONJAR P.O, PALA,KOTTAYAM-686581
           3.SOORAJ V.TOM,SON OF LATE TOMY JOSEPH,RESIDING AT VAZHAYIL
           HOUSE,POONJAR P.O,PALA,KOTTAYAM-686581

        BY ADVS.ABRAHAM GEORGE JACOB,C.MURALIKRISHNAN (PAYYANUR),AKSHAY R
   RESPONDENT:

     SRI.SAJEEV P.R , REGIONAL TRANSPORT OFFICER AND SECRETARY OF THE
    REGIONAL TRANSPORT AUTHORITY, KOTTAYAM, OFFICE OF THE REGIONAL TRANSPORT
    OFFICER, CIVIL STATION,COLLECTORATE.P.O, KOTTAYAM -686002.

         GOVERNMENT PLEADER FOR RESPONDENT
        This Contempt of court case (civil) having come up for orders on
   20.10.2021, the court on the same day passed the following:
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                                          A.MUHAMED MUSTAQUE, J.
                             ------------------------------------------------------------------------------

                                           Cont. Case (C) No.1561 of 2021
                           -----------------------------------------------------------------------------------

                                Dated this the 20th day of October, 2021

                                                           ORDER

This case depicts the bureaucratic mind and negativity

on the part of the officer. The proceedings relating to a

transfer of permit was allowed as per Annexure A4 in a

meeting of the Regional Transport Authority dated

19.02.2020. Before endorsement, the transferrer died. This

has been cited as a reason for the non compliance of the

directions of this Court. It is to be noted that the judgment

of this Court was rendered on 13.11.2019. The death

cannot have an impact in this matter inasmuch as the

transfer has already been taken place and what remains is

that the ministerial act of endorsement. Citing the death and

formality thereon to be complied the respondent delayed the

endorsement. I have no hesitation to hold that such conduct Con.Case(C) No.1561/2021 3/4

Cont. Case (C) No.1561 of 2021

would amount to contempt, therefore, an opportunity is

given to the respondent to comply judgment by endorsing

within a period of one week.

For reporting compliance, post on 27.10.2021.

Sd/-

                                                    A.MUHAMED MUSTAQUE, JUDGE
   PR




20-10-2021                          /True Copy/                        Assistant Registrar
 Con.Case(C) No.1561/2021                  4/4

                           APPENDIX OF CON.CASE(C) 1561/2021
Annexure 4                  TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS OF

THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM DATED 19/02/2020