Kerala High Court
Pratheeshan Kodencheri vs S.Chandrasekar Ias on 10 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
CON.CASE(C) NO. 1389 OF 2022
AGAINST JUDGMENT DATED 17.01.2022 IN OP(KAT) NO.375/2021 OF
HIGH COURT OF KERALA
PETITIONERS/RESPONDENTS 1-5 IN THE O.P.(KAT):
1 PRATHEESHAN KODENCHERI,
AGED 48 YEARS, S/O CHATHU,
CLERK, SPECIAL TAHASILDAR LANH OFFICE,
KANNUR DISTRICT 670101, RESIDING AT NELLOLIKKANDI,
KOTTAM, MUNDALUR P.O, KANNUR, PIN - 670 622.
2 JOLLY JOSEPH,
AGED 50 YEARS, S/O JOSEPH P.J.,
CLERK, THALUK OFFICE IRITTY -670 703,RESIDING AT
MANIKKANTHAZHAM HOUSE, VELLARAVALLI P.O. KANNUR,
PIN - 670 673.
3 PRAKASHAN P.P.,
AGED 49 YEARS, S/O.BALAN,
VILLAGE FIELD ASSISTANT, NEW MAHE VILLAGE OFFICE,
THALASSERY, KANNUR DISTRICT 673 311, RESIDING AT
PUTHENPURAYIL HOUSE, CHEMPADU P.O.,KANNUR DISTRICT,
PIN - 670 694.
4 SANTHOSH KUMAR KINATHY,
AGED 44 YEARS, S/O LATE P.P RAGHAVAN,
VILLAGE ASSISTANT, KODIYERI VILLAGE OFFICE,
THALASSERY KANNUR DISTRICT 670 102, RESIDING AT
KARIYADAN HOUSE, SREYAS.P.O., KOTTAYAMPOYIL VIA,
PATHAYAKKUNNU, KANNUR DISTRICT, PIN - 670 691.
CON.CASE(C) NO. 1389 OF 2022
5 ANEEF K.P.,
AGED 45 YEARS, S/O AHAMMED,
VILLAGE ASSISTANT, VILLAGE OFFICE, THALASSERY,
KANNUR DISTRICT, RESIDING AT BATHUL JABIR
VALLIAYI NADEMMAL P.O., PATHAYAKKUNNU (VIA),
THALASSERY KANNUR, PIN - 670 691.
BY ADVS.
M.SASINDRAN
P.K.SUBHASH
RESPONDENT/8TH RESPONDENT IN OP(KAT):
S.CHANDRASEKAR, IAS,
AGED 35 YEARS,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
THE DISTRICT COLLECTOR,
KANNUR DISTRICT, PIN - 670 002.
SRI.SAIGI JACOB PALATTY, SR. GOVT. PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
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Contempt of Court Case (Civil) No.1389 of 2022
[arising out of judgment dated 17.01.2022 in O.P.(KAT) No.375/2021]
-----------------------------------------------------------
Dated this the 10th day of August, 2022.
JUDGMENT
Alexander Thomas, J.
The afore captioned Contempt of Court case has been filed in the
matter of the alleged non-compliance of the directions and orders
passed by this Court, as per Anx.AII judgment dated 17.01.2022 in O.P.
(KAT) No.375 of 2021 (arising out of the final order dated 28.10.2021 in
O.A. (EKM) No.98/2019, on the file of the Kerala Administrative
Tribunal, Ernakulam Bench).
2. Heard Sri.M.Sasindran, learned counsel appearing for the
petitioners herein/original applicants and Sri.Saigi Jacob Palatty,
learned Senior Government Pleader, appearing for the sole respondent
herein/ 8th respondent in the original petition.
3. Sri.Saigi Jacob Palatty, learned Senior Government Pleader,
would submit on the basis of instructions that the petitioners in Anx.AII
O.P. are the respondents in Anx.AI original application, O.A.(Ekm)
No.98/2019, and that the only direction issued by this Court as per
Anx.AII judgment in the O.P.(KAT) in regard to the original applicants
in the O.A. is confined only in relation to the 5 th applicant therein.
Further that, the said direction was that the claim of the 5 th original
applicant is otherwise entitled for by-transfer appointment in the 15%
quota as per the statutory special Rules should be considered and if any
of his juniors have been so appointed in the 15% percent by-transfer
quota, then the claim of the 5 th original applicant should also be duly
considered and ordered by the respondent District Collector and for
that purpose, this Court had specifically directed as per para No.10 of
Anx.AII judgment that the 5th original applicant should file a
representation in that regard, stating his claim before the respondent
District Collector. Further that, no such representation has been filed
by the 5th original applicant before the District Collector and still the
respondent District Collector has already passed orders granting
appointment in the 15% by-transfer quota in favour of the 5 th original
applicant as per proceedings dated 22.03.2022 and that, therefore,
there is no cause of action for alleging any contempt of court vis-a-vis.
Anx.AII judgment in the O.P. (KAT), that too at the instance of the
present petitioners in the contempt case, who are only the original
applicants in the original application and contesting respondents in the
O.P.
4. Sri.M.Sasindran, learned counsel appearing for the
petitioners in the contempt case original applicants would point out
that the original applicants have a grievance relating to the non-
implementation of the directions issued by the Tribunal in the last
paragraph of Anx.AI final order dated 28.10.2021 in O.A. (Ekm)
No.98/2019 and that the original applicants have been advised to move
the Tribunal in Contempt of Court proceedings, in that regard.
5. We need not get into those issues, except to state that it is
for the original applicants to work out their remedies in the manner
known to law. However, it has been made clear that the enforcement of
Anx.AI verdict of the Tribunal will be subject to the concluded findings
and orders of this Court as per Anx.AII judgment in the O.P.(KAT).
6. Sri.M.Sasindran, learned counsel appearing for the
petitioners/original applicants, would point out that the abovesaid
directions and findings made by the Tribunal in the last paragraph of
Anx.AI verdict has not, in any manner, be upset or disturbed by this
Court as per Anx.AII judgment. Hence, it is for the petitioners to work
out their remedies strictly in accordance with law.
With these observations and directions, the above Contempt of
court case will stand disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN,
JUDGE
Skk//12082022
CON.CASE(C) NO. 1389 OF 2022
APPENDIX OF CON.CASE(C) 1389/2022
PETITIONERS' ANNEXURES:-
ANNEXURE AI A TRUE COPY OF THE ORDER DATED 28.10.2021
IN O.A (EKM)NO. 98 OF 2019 OF THE
ADDITIONAL BENCH OF KERALA ADMINISTRATIVE
TRIBUNAL
ANNEXURE AII THE COPY OF THE JUDGMENT DATED 17.01.2022
IN O.P(KAT)NO. 375 OF 2021
ANNEXURE AIII A TRUE COPY OF THE ORDER DATED 22.03.2022
ISSUED BY THE RESPONDENT
RESPONDENTS' ANNEXURES:- NIL
