Kerala High Court
Uthaman M.K vs Sri.T.P.Salim Kumar on 14 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CON.CASE(C) NO. 912 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 10816/2021 OF HIGH
COURT OF KERALA
PETITIONER:
M.K.UTHAMAN
AGED 51 YEARS
S/O.M.K.KUMARAN,
RESIDING AT MANAPPURATHU HOUSE,
WARD.8,THAIKKATTUSSERRY GRAMA PANCHAYAT,
MANAPPURAM.P.O,
CHERTHALA-688526.
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
RESPONDENT:
SRI.T.P. SALIM KUMAR,
THOPPIL HOUSE,SARANG,HOUSE
NO.24/188,THANDASSERY ROAD,
PULARI RESIDENTS ASSOCIATION,
NETTOOR SOUTH,
NETTOOR, ERNAKULAM-682040.
BY ADV P.C.SASIDHARAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 14.06.2022, ALONG WITH
Con.Case(C).1412/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
COC Nos.912 & 1412 of 2021
:2:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CON.CASE(C) NO. 1412 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 10816/2021 OF HIGH
COURT OF KERALA
PETITIONER:
UTHAMAN M.K.
AGED 51 YEARS
S/O.M.K.KUMARAN,
RESIDING AT MANAPPURATHU HOUSE, WARD 8,
THAIKATTUSSERRY GRAMA PANCHAYAT,
MANAPPURAM P.O., CHERTHALA-688526.
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
MAITREYI SACHIDANANDA HEGDE
RESPONDENT:
SRI.T.P.SALIM KUMAR
THOPPIL HOUSE, SARANG, HOUSE NO.24/188,
THANDASSERY ROAD, PULARI RESIDENTS ASSOCIATION,
NETTOOR SOUTH, NETTOOR, ERNAKULAM-682040.
BY ADV. P.C. SASIDHARAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 14.06.2022, ALONG WITH
Con.Case(C).912/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
COC Nos.912 & 1412 of 2021
:3:
N. NAGARESH, J.
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Contempt Case (C) Nos.912 and 1412 of 2021
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Dated this the 14th day of June, 2022
JUDGMENT
~~~~~~~~~
The petitioner in W.P.(C) No.10816/2021 has filed
these contempt cases against the 4 th respondent in the writ
petition. Both the cases arise from the same interim order
dated 07.05.2021 in W.P.(C) No.10816/2021.
2. The writ petition was filed seeking for a declaration
that the Kerala Maritime Board is an Autonomous entity and
hence entitled to have minimal governmental interference
only to the extent prescribed in the Kerala Maritime Act.
When the writ petition came up for admission on 07.05.2021,
this Court passed an interim order to the following effect:-
"Admit.
The learned Government Pleader takes
notice for Respondent 1. The learned Standing
COC Nos.912 & 1412 of 2021
Counsel Sri. K.P. Sudheer takes notice for
Respondent 2.
In the meanwhile, there will be an interim
order directing respondents 3 and 4 to act only
under the supervision and instructions of the 2 nd
respondent-Board."
3. In COC No.912/2021, the petitioner alleges that
vide e-mail dated 31.03.2021, Agenda was upgraded
seeking approval of the Board to direct the respondent to
make payments to service providers including vehicle
operators of CEO and Chairman, Advertising Company,
Standing Counsel, Senior Counsel of the Board, Senior
Counsel engaged at the Supreme Court and the Advocate on
Record. The Agenda was approved by the Board on
07.04.2021 and the respondent was directed to make
payments to service providers. However, the respondent has
willfully refused to make payments to service providers and
acted in violation of the Board's instructions.
4. The petitioner further alleges that on 12.05.2021,
the Chairman instructed the 4th respondent to take necessary
steps to ensure that all safety measures are taken by the
COC Nos.912 & 1412 of 2021
concerned officers in the light of Cyclone and Thunderstorm
warning in the Kerala Coast. The respondent willfully
disobeyed the Chairman. It is further alleged that the 4 th
respondent willfully refused to organise the 18 th Board
meeting called by the Chairman. The respondent
purposefully and unilaterally disrupted the functioning of the
Board by keeping Cochin Head Office of the Board closed for
two weeks.
5. In COC.1412/2021, the petitioner alleges that the
respondent failed to ensure that all Ports are well equipped
to receive ships, that all equipments are operational and that
the Port operations take place without any hurdle. The
petitioner states that in the month of June, 2021, no tug was
available at the Azhikkal Port and there was no staff
available to operate equipments at the Port. It was further
alleged that the respondent did not obey the direction of the
Chairman to commence dredging at Azhikkal Port in
January, 2021. The respondent also failed to provide details
of budget fund allotment, to the Chairman.
COC Nos.912 & 1412 of 2021
6. The respondent resisted the writ petition filing
affidavits. The respondent stated that there was no
Thunderstorm in Kerala Coast in the month of June. The
respondent had inspected all Port Officers to take safety
measures. The allegation that the respondent refused to
report to the Chairman is without any substance. The
respondent stated that it is for the CEO to issue notice of
meeting and there was no sufficient notice in respect of the
meeting convened by the Chairman. Furthermore, a
communication was received from the Secretary to
Government, Port Department requesting to postpone the
meeting.
7. I have heard the learned counsel for the petitioner
and the learned counsel representing the respondent.
8. The writ petition was filed by the petitioner seeking
to declare that the Kerala Maritime Board is an Autonomous
entity and it is entitled to have minimal governmental
interference. On 07.05.2021, this Court passed an interim
order directing the 4th respondent to act only under the
COC Nos.912 & 1412 of 2021
supervision and inspection of the 2nd respondent-Board.
9. The allegations in the Contempt of Court Cases
relate to certain acts and omissions on the part of the 4 th
respondent. The Kerala Maritime Board represented by its
Chairman was a party to the writ petition. It is not discernible
from the Contempt Cases as to whether the petitioner has
disobeyed the Board by violating any of its decisions. Even if
the 4th respondent does not follow any decision of the Board,
if the same is due to any plausible reasons, the 4 th
respondent will be justified in his actions.
In the facts and circumstances of the case and in
the absence of any material to indicate prima facie willful
disobedience on the part of the respondent, this Court do not
find any reason to proceed against the respondent invoking
the powers under the Contempt of Court Act, 1971. The
Contempt of Court Cases therefore fail and are accordingly
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/06.06.2022
COC Nos.912 & 1412 of 2021
APPENDIX OF CON.CASE(C) 912/2021
PETITIONER'S ANNEXURES
Annexure I TRUE COPY OF THE INTERIM ORDER DATED
07.05.2021 IN WP(C) 10816/2021.
Annexure II TRUE COPY OF THE EMAIL DATED
07.05.2021 WRITTEN BY THE STANDING
COUNSEL OF THE BOARD, MR.K.P.SUDHEER.
Annexure III TRUE COPY OF THE LETTER DATED
11.05.2021 WRITTEN BY THE PETITIONER
TO THE RESPONDENT.
Annexure IV TRUE COPY OF THE MINUTES OF THE
APPROVAL GIVEN TO THE AGENDA DTD
7.4.2021.
Annexure V TRUE COPY OF LETTER NO.
CHAIRMAN/27/KMB/2021 DTD 18.5.2021.
Annexure VI TRUE COPY OF THE EMAIL DATED
30.06.2021.
Annexure VII TRUE COPY OF THE EMAIL DTD 12.5.2021
ISSUED BY CHAIRMAN.
Annexure VIII TRUE COPY OF THE LETTER NO.35/KMB/2021
DATED 25.05.2021.
Annexure IX TRUE COPY OF THE LETTER
NO.CHAIRMAN/32/KMB/2021 DTD 21.5.2021
Annexure X TRUE COPY OF THE LETTER
NO.CHAIRMAN/45/KMB/2021 DATED
07.06.2021.
Annexure XI TRUE COPY OF THE LAWYER NOTICE DTD
25.5.2021.
RESPONDENT'S EXTS:
R1(A) COPY OF GO DT 1.2.2018.
R1(B) COPY OF ORDER DT 15.4.2021.
R1(C) COPY OF ORDER DT 9.4.2021.
R1(D) COPY OF ORDER DT 24.6.2021.
R1(E) COPY OF LETTER DT 9.5.2021.
R1(F) COPY OF LETTER DT 29.7.2019.
COC Nos.912 & 1412 of 2021
APPENDIX OF CON.CASE(C) 1412/2021
PETITIONER'S ANNEXURES
Annexure I TRUE COPY OF THE INTERIM ORDER DATED
07.05.2021 IN WP(C) 10816/2021.
Annexure II TRUE COPY OF THE EMAIL DATED
07.05.2021 WRITTEN BY THE STANDING
COUNSEL OF THE BOARD, MR.K.P.SUDHEER.
Annexure III TRUE COPY OF THE LETTER DATED
11.05.2021 WRITTEN BY THE PETITIONER
TO THE RESPONDENT, AMONGST OTHERS.
Annexure IV TRUE COPY OF THE EMAIL DATED
23.06.2021 BY THE CHAIRMAN, BASED ON
THE DECISION OF THE BOARD.
Annexure V TRUE COPY OF THE EMAIL DATED
28.06.2021 ISSUED AND WRITTEN BY THE
CHAIRMAN BASED ON THE BOARD'S DECISION
TO THE RESPONDENT.
Annexure VI TRUE COPY OF THE EMAIL DATED
30.06.2021.
Annexure VII TRUE COPY OF THE LETTER
NO.CHAIRMAN/59/KMB/2021 ISSUED BY THE
CHAIRMAN DATED 25.06.2021 BASED ON THE
DECISION OF THE BOARD.
Annexure VIII TRUE COPY OF THE LETTER
NO.CHAIRMAN/63/KMB/2021 DATED
05.07.2021.
Annexure IX TRUE COPY OF THE EMAIL DATED
22.06.2021.
Annexure X TRUE COPY OF THE LETTER
NO.CHAIRMAN/72/KMB/2021 DATED
12.07.2021 ISSUED BY THE CHAIRMAN
BASED ON THE BOARD'S DECISION.
Annexure XI TRUE COPY OF THE LETTER NO.56/KMB/2021
DATED 23.06.2021.
Annexure XII TRUE COPY OF THE LETTER NO.67/KMB/2021
DATED 07.07.2021.
COC Nos.912 & 1412 of 2021
Annexure XIII TRUE COPY OF THE ORDER
NO.KMB/A1/29/2021 DATED 06.07.2021.
Annexure XIV TRUE COPY OF THE LETTER NO.62/KMB/2021
DATED 30.06.2021.
Annexure XV TRUE COPY OF THE EMAIL WRITTEN TO THE
CHAIRMAN BY THE RESPONDENT.
Annexure XVI TRUE COPY OF THE LAWYER NOTICE DATED
25.05.2021 THAT WAS SENT TO THE
RESPONDENT.
