Sabu Cherian vs Biswas Mehta
2022 Latest Caselaw 8042 Ker

Con.Case(C) No.1969/2019                     1/4

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                       THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                              &
                           THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
             Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
               CONTEMPT CASE(C) NO. 1969 OF 2019(S) IN WA 947/2019
   PETITIONER/APPELLANT:

           SABU CHERIAN, AGED 48 YEARS, S/O. M.P. CHERIAN, MANAGING DIRECTOR,
           MARYMATHA INFRASTRUCTURE (P) LTD. (FORMERLY MARYMATHA CONSTRUCTION
           COMPANY), ARAKKUZHA ROAD, MUVATTUPUZHA, ERNAKULAM-686 661

        BY ADVS.S.RAMESH BABU(SENIOR ADVOCATE) AND P.SHANES METHAR
   RESPONDENTS/RESPONDENT NO.1 AND 3:

       1. BISWAS MEHTA IAS,PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
       2. ELIZABETH KORA,SUPERINTENDING ENGINEER, IRRIGATION CENTRAL CIRCLE,
          THRISSUR-688 003

    ADDL.R3 IMPLEADED

       3. SMT.SANDHYA,EXECUTIVE ENGINEER,IRRIGATION DIVISION

            OFFICE,KAKKANAD,ERNAKULAM,PIN-682 030

    ADDL.R3 IS IMPLEADED AS PER ORDER DATED 14/06/2022 IN IA 1/2022 IN COC
    1969/2019

        BY SRI.K.V.MANOJ KUMAR, AND SRI.TEK CHAND, SENIOR GOVERNMENT PLEADERS

        This Contempt of court case (civil) having come up for orders on
   29.06.2022, the court on the same day passed the following:

                                                                         P.T.O
 Con.Case(C) No.1969/2019                  2/4




                         S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
                       ----------------------------------
                              Cont. Case (C) No.1969 of 2019
                       ----------------------------------
                            Dated this the 29th day of June, 2022

                                        ORDER

S.MANIKUMAR, C.J.

Inviting attention of this court to the last paragraph of

Annexure L communication dated 2.6.2022 issued by the Assistant

Executive Engineer, Ernakulam addressed to the Executive

Engineer, Irrigation Department, Ernakulam, Mr.S.Ramesh Babu,

learned senior Counsel submitted that the directions contained in

W.A.947/2019 dated 11.7.2019 have not been complied with in its

letter and spirit.

2. Responding to the above, Mr.Tek Chand, learned Senior

Government Pleader submitted that the directions issued in

W.A.947/2019 dated 11.7.2019 have been complied with. It is further

submitted that the appellant/contempt petitioner submitted bills

belatedly after the judgment and they were duly considered.

 Con.Case(C) No.1969/2019                                 3/4




          Cont. Case (C) No.1969 of 2019
                                                         :   2 :

3. Let the respondents file a detailed counter affidavit in

respect of the averments made in the Contempt Petition and also

with reference to the Annexure L communication dated 2.6.2022

issued by the Assistant Executive Engineer, Ernakulam.

Post after ten days.

sd/-

S.MANIKUMAR CHIEF JUSTICE

sd/-

                                                                   SHAJI P. CHALY
                                                                       JUDGE
          jes




29-06-2022                                 /True Copy/                      Assistant Registrar
 Con.Case(C) No.1969/2019                  4/4

APPENDIX OF CON.CASE(C) 1969/2019 ANNEXURE L TRUE COPY OF THE LETTER NO.A1-1/2007/VOL(V) DATED 02.08.2022 OF THE ASSISTANT EXECUTIVE ENGINEER ADDRESSED TO THE EXECUTIVE ENGINEER