Kerala High Court
Jose J.Nechikattu vs Asha C.Abraham on 2 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
Wednesday, the 2nd day of March 2022 / 11th Phalguna, 1943
IA.NO.2/2021 IN CONTEMPT CASE(C) NO. 1186 OF 2021(S) IN WP(C) 16318/2020
PETITIONER/PETITIONER:
JOSE J.NECHIKATTU, AGED 44 YEARS, S/O.JOHN JOSEPH,
NECHIKATTU HOUSE, PALA P.O., KOTTAYAM, PIN CODE-686 575.
RESPONDENTS/RESPONDENTS 1 TO 4 AND ADDL. 5TH RESPONDENT:
1. ASHA C.ABRAHAM, ADDITIONAL DISTRICT MAGISTRATE, COLLECTORATE,
KOTTAYAM, PIN CODE-686 002.
2. ANIL OOMEN, NOW WORKING AS REVENUE DIVISIONAL OFFICER, CIVIL
STATION, PAINAVU P.O., IDUKKI, PINCODE-685 603.
3. SREEJITH. S, NOW WORKING AS TAHSILDAR (LOCAL), MINI CIVIL STATION,
MUDAVOOR P.O., VAZHAPPILLY, MUVATTUPUZHA, PIN CODE-686 669.
4. SREELEKHA. P, EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM, PIN
CODE-686 001.
5. JINNU PUNNOOSE, AGED 51 YEARS, W/O.P. JOHN VARGHESE, ADDITIONAL
DISTRICT MAGISTRATE, KOTTAYAM, RESIDING AT KOTTAYAM.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to implead the Addl.
5th respondent herein as the additional 5th respondent in the above
contempt of court case before this Honourable Court.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. TOM JOSE (PADINJAREKARA) & SHIBU JOSEPH, Advocates for the
petitioner in IA/COC, GOVERNMENT PLEADER for R1 to R4 in IA/COC, the court
passed the following:
P.T.O.
ALEXANDER THOMAS, J.
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I.A. Nos. 1 & 2 of 2021
in
Cont. Case (C) No. 1186 of 2021
(arising out of the judgment dated 25.8.2020 in WP(C).No.16318/2020)
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Dated this the 2nd day of March, 2022
ORDER
I.A. No. 1 of 2021
The applicant in the present I.A. claims that he has been
arrayed as contesting respondent No.7 in the instant
WP(C).No.16318/2020 and that he seeks impleadment.
2. The plea for impleadment is opposed by the petitioner in
the Contempt case.
3. After hearing both sides, it is seen that there is no
allegation in the Contempt case that the applicant in the present I.A.
has taken any steps to violate the directions issued by this Court in
the judgment in WP(C).No.16318/2020, or that he is responsible for
the non compliance of the directions in the judgment in the said
WP(C), etc. It is trite that such a party cannot be impleaded as an
additional respondent in the Contempt case. Moreover, it is
elementary that Contempt proceedings is essentially between the
Court and the alleged contemnor. Accordingly, this Court is of the
view that it is not right and proper for this Court to allow the
impleadment application. Hence, I.A. No. 1 of 2021 will stand
dismissed.
I.A. Nos. 1 & 2 of 2021 in
Cont. Case (C) No. 1186 of 2021
..2..
I.A. No. 2 of 2021
4. Heard both sides. This is an application filed by the
petitioner in the Contempt case seeking for impleadment of an
additional respondent in the Contempt case, on the ground that a
new officer has now been posted as Additional District Magistrate
(ADM) instead of the present R-1 in the Contempt case.
5. Since, it is stated that there is change of officer in the post
of R-1 (ADM), which is also admitted by the learned Government
Pleader, the plea for impleadment is only to be allowed. Accordingly
it is ordered that R-5 in the present I.A. who is stated to be the new
ADM, will stand impleaded as additional respondent No.5 in the
Contempt case.
6. The Registry will make necessary changes in the
Cause Title.
7. The learned Senior Government Pleader seeks short time
to get instructions from the additional respondent No.5.
List on 23.3.2022.
Hand over
Sd/-
ALEXANDER THOMAS,
JUDGE
MMG
02-03-2022 /True Copy/ Assistant Registrar
