Sarath Chandran K.S vs Dr.V. Venu
2022 Latest Caselaw 12198 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
         Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
             CONTEMPT CASE(C) NO. 2178 OF 2022(S) IN WA 1925/2019

  PETITIONER/AGGRIEVED PARTY:


         SARATH CHANDRAN K.S., S/O KARUNAKARAN NAIR,

         AGED 60 YEARS, KESAVAMANGALAM, MUTTACAUD.P.O.,

         THIRUVANANTHAPURAM -695 523.

      BY ADV SMT. PRIYA SHANAVAS

  RESPONDENTS/APPELLANT Nos. 1 & 2 IN W.A. & R3 HEREIN:


    1. DR.V. VENU, THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME
       ,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001.
    2. G. SUDHARMINI,THE ACCOUNTANT GENERAL (A&E), INDIAN AUDIT AND
       ACCOUNTS DEPARTMENT, OFFICE OF THE ACCOUNTANT GENERAL (A&E), M.G.
       ROAD, PB NO.5607 THIRUVANANTHAPURAM -695 001.
    3. BISHWANATH SINHA, THE ADDITIONAL CHIEF SECRETARY (FINANCE) FINANCE
       (PENSION-B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
       -695 001.

    BY GOVERNMENT PLEADER

     This Contempt of court case (civil) having come up for orders on
22.12.2022, the court on the same day passed the following:


                                                          P.T.O.
        ALEXANDER THOMAS & SOPHY THOMAS, JJ.
                ==================
             Con.Case (C) No. 2178 of 2022
           [arising out of the judgment dated 04.02.2021 in
                         W.A. No.1925 of 2019]
                                   &
                     W.P.(C) No.41097 of 2022
                      ==================
              Dated this the 22nd day of December, 2022
                             ORDER

Con.Case (C) No. 2178 of 2022

Learned Senior Government Pleader seeks short time to get

instructions and to file statement in the matter.

2. Time granted.

List this contempt case along with W.P.(C) No.41097 of 2022 on

19.01.2023.

W.P.(C) No.41097 of 2022

This W.P.(C) has already been admitted on 20.12.2022, on

which day, the learned Government Pleader has taken notices for

respondents 1 to 4. The petitioner's counsel may serve notice on R5

through Shri.P.J.Elvin Peter, the learned Advocate, who is the

authorised counsel for R5.

2. The Registry will show the name of Shri.P.J.Elvin Peter, the

learned counsel appearing for R5, in the cause list. Competent Con.Case (C) No. 2178 of 2022 & W.P(C) No.41097 of 2022

- : 2 :-

authority among respondents 1 to 4, more particularly, the Home

Department, may file their affidavit/statement in the matter, on the

issue, as to whether the dictum laid down by this Court in Ext.P4

judgment dated 04.02.2021, rendered by the Division Bench of this

Court, in W.A.No.1925 of 2019 (arising out of W.P.(C) No.36379 of

2017), reported in [2021 (3) KLT 159 (DB)], would apply in the facts

of this case and if not, the reasons for the same. Affidavit/statement

of R1 to R4 shall be filed within three weeks.

List this W.P.(C) along with Con.Case(C) No.2178 of 2022 on

19.01.2023.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/--

SOPHY THOMAS, JUDGE DSV

22-12-2022 /True Copy/ Assistant Registrar