Shehaban vs Mumthaz A.M
2023 Latest Caselaw 8957 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                   THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

              MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945

                            CON.CASE(C) NO. 1286 OF 2023

        AGAINST THE JUDGMENT IN WP(C) 14991/2022 OF HIGH COURT OF KERALA

PETITIONERS/PETITIONERS 1 TO 5, 7,8 10:

  1   SHEHABAN, AGED 28 YEARS
      D/O. BASHEER, 529 KOVIL, THAIPARAMBU, VAZHICHERI WARD, ALAPPUZHA H.O, PIN
      - 688001

  2   SIYAD A, AGED 40 YEARS
      SANALAYAM, ALIKUNJU PURAYIDOM, ALISSERY WARD, ALAPPUZHA H.O,       ALAPPUZHA,
      PIN - 688001

  3   FIRANAS,AGED 42 YEARS
      S/O. BABU M, YASEEN MANZIL, M. O WARD, ALAPPUZHA, ALAPPUZHA PO, PIN -
      688001

  4   ANSIL H, AGED 42 YEARS
      S/O. HAMEED KUNJU, ILLIKKAL PURAYIDOM, VATTAYAL WARD, ALAPPUZHA
      MUNICIPALITY, THIRUVAMPADY JN, ALAPPUZHA, PIN - 688002

  5   ANSIL, AGED 39 YEARS
      S/O. ABDUL AZEES, ILLIKKAL PURAYIDOM, VATTAYAL WARD, ALAPPUZHA
      MUNICIPALITY, THIRUVAMPADY JN, ALAPPUZHA, PIN - 688002

  6   ASHKAR, AGED 35 YEARS
      S/O. SAIFFUDHEEN, BHRANIKARAN, PURAYIDAM, VATTAYAL, THIRUVAMPADY JN S.O
      ALAPPUZHA, PIN - 688002

  7   RAKESH KUMAR R, AGED 25 YEARS
      S/O. RETNAKUMAR, CHIRAYIL VEEDU, ALISSERY WARD,
      ALAPPUZHA MUNICIPALITY, ALAPPUZHA, PIN - 688001

  8   ARUNKUMAR A.K, AGED 50 YEARS
      S/O. KOMALAN, 292 RAKENDU,THIRUVAMBADI PAZHAVEEDU P.O,ALAPPUZHA - 680009

      BY ADVS.MANU GOVIND
      AYESHA MARIA JOHN


RESPONDENT:

              MUMTHAZ A.M
              AGED ABOUT 40 YEARS AND FATHER'S NAME NOT KNOWN TO THE
              PETITIONERS, THE SECRETARY, ALAPPUZHA MUNICIPALITY,
              CCSB ROAD, KODIVEEDU,ALAPPUZHA, KERALA 688001, PIN- 688001

              BY SHRI.R.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY
 Con. Case (C) No.1286/2023           2

      THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON

14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Con. Case (C) No.1286/2023                         3


                              MOHAMMED NIAS C.P., J

                     ............................................................
                          Con. Case (C) No. 1286 of 2023
                       .............................................................
                      Dated this the 14th day of August, 2023


                                          JUDGMENT

This contempt of court case is filed alleging non-compliance of the interim

order passed by this Court on 29.04.2022 in W.P(C) No.14991/2022 that directed

the respondent not to disengage the petitioners during the pendency of the above

writ petition.

2. Today, a statement has been filed by the learned Standing Counsel for

the respondent stating that the petitioners were not disengaged from their duties

in obedience to the order passed by this Court and that the petitioners are

working even now.. The petitioners did not dispute the same. However, they

submitted that the salary for the period they worked had not been granted which

is a matter that can be raised by the petitioners in the writ petition.

Accordingly, recording the statement filed on behalf of the Standing

Counsel for the respondent, this contempt of court case is closed without

prejudice to the right of the writ petitioners to seek further orders in the writ

petition.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

okb/

APPENDIX OF CON.CASE(C) 1286/2023

PETITIONERS ANNEXURES

Annexure A1 CERTIFIED COPY OF INTERIM ORDER DATED 29.04.2022 IN WPC NO. 14991/2022 OF THIS COURT

Annexure A2 COPY OF INTERIM ORDER DATED 23.09.2022 EXTENDING ANNEXURE A1 ORDER UNTIL FURTHER ORDERS IN WPC NO.14991 OF 2022

Annexure A3 COPY OF THE TEXT MESSAGE RECEIVED BY THE HEALTH INSPECTORS OF NORTH FIRST CIRCLE OF ALAPPUZHA MUNICIPALITY ON 05.06.2023