Kerala High Court
Kishore A.W vs Dr. A Sakeer Husain on 13 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
IA.NO.3/2023 IN CON.CASE(C) NO. 2623 OF 2022(S) IN WP(C) 25579/2022
PETITIONERS/RESPONDENTS IN CON. CASE:
1. DR.A. SAKEER HUSAIN, REGISTRAR, KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR - 680 656.
2. SRI.CHANDRAN. V, COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR-680 656.
RESPONDENTS/PETITIONERS IN CON. CASE:
1. KISHORE A.W, AGED 57 YEARS, S/O. VASU, JOINT REGISTRAR (RETD),
KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR - 680 656
RESIDING AT AYINIKUNNATH HOUSE, GNRA 192, GANDHI NAGAR PO,
CHEROOR, THRISSUR- 680 008.
2. JAMES C.A, AGED 57 YEARS, S/O. C.L. ANTONY, ASSISTANT EXECUTIVE
ENGINEER (RETD), KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,
THRISSUR -680 656, RESIDING AT CHIRIYANKANDATHU HOUSE, GREENLINE
ROAD, MULANGUNNATHU KAVU, THRISSUR- 680 581.
3. HARIDAS.P.C, AGED 57 YEARS, S/O. CHATHUNNI. P. V, SECTION OFFICER
(RETD), KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR -
680 656, RESIDING AT PARAPPURATH HOUSE, PERAMBRA P O, KOZHIKODE -
673 525.
4. JOSEPH.K.V, AGED 57 YEARS, S/O. VARGHESE K. P, OFFICE
SUPERINTENDENT (RETD), KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR - 680 656, RESIDING AT KURUMKULAM HOUSE,
HAPPY AVENUE-II, VIYYOOR, THRISSUR 680 010.
5. JAYANTHI.M.N, AGED 57 YEARS, W/O. RAVEENDRAN A. I ASSISTANT
COMPTROLLER (RETD), KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,
THRISSUR - 680 656, RESIDING AT AMBATTUPARAMBIL HOUSE, PULLUR PO,
IRINJALAKKUDA, THRISSUR - 680 683.
6. BEENA.V.K, AGED 57 YEARS, W/O. SHAJI T.V ADMINISTRATIVE OFFICER
(RETD), KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA, THRISSUR -
680 656, RESIDING AT THOPPIL HOUSE, VADOOKKARA PO THRISSUR 680
007.
7. K.SURENDRAN, AGED 57 YEARS, S/O. NARAYANA MENON, ADMINISTRATIVE
OFFICER (RETD), KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,
THRISSUR - 680 656, RESIDING AT KANDAMKUMARATH HOUSE, PUDUSSERY,
CHERUTHURUTHY, THRISSUR - 679 531.
8. MANJULA MERCY PATRIK, AGED 57 YEARS, W/O. K.F. FRANCIS, POOL
OFFICER (RETD), KERALA AGRICULTURAL UNIVERSITY, VELLANIKKARA,
THRISSUR - 680 656, RESIDING AT KAKKANAT HOUSE, WEST VELLANIKKARA,
MADAKKATHARA PO, THRISSUR 680 651.
P.T.O.
9. DEEPA.V.D, AGED 57 YEARS, W/O. GOPAKUMAR C.S,
SECTION OFFICER (RETD), KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR - 680 656, RESIDING AT NAVANEETHAM,
CHOLAYIL HOUSE, PIPE LINE ROAD, MULAKKARAKAVU P O,
THRISSUR -680 656.
10. PARVATHY.M, AGED 57 YEARS, W/O. KUNJAN M,
OFFICE ATTENDANT (RETD), KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR - 680 656, RESIDING AT
MOORKATTUPARAMBIL HOUSE, PATTAMBI, PALGHAT - 679 303.
11. V.MOHAMMED KUNHI, AGED 57 YEARS, S/O. MAYIN.V.,
DEPUTY COMPTROLLER (RETD), KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR - 680 656, RESIDING AT 11/949,
VIRALIKKATTIL HOUSE, NEAR QUARTERS NO.A12, MEDICAL COLLEGE,
KOZHIKODE - 673 008.
12. DINESAN.K.V, AGED 57 YEARS, S/O. PADMANABHAN K,
JOINT REGISTRAR (RETD), KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR - 680 656, RESIDING AT MP HOUSE,
KATTAYATT PARAMBA, KALAI PO, KOZHIKODE - 673 003.
13. VALSAN.K.V, AGED 57 YEARS, S/O. NARAYANAN K.C,
FARM MANAGER (RETD), KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA,THRISSUR - 680 656, RESIDING AT CHELORA VEEDU,
NEAR KAVUMTHAZHA LP SCHOOL, KOODALI, KANNUR 670 592.
14. RAJANARAYANAN.P, AGED 57 YEARS S/O. VASU. P,
ASSISTANT SECTION OFFICER (RETD), KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA,THRISSUR - 680 656, RESIDING AT SOCIO,
CHERUVANNUR, KOIATHARA PO,KOZHIKODE 673 655.
15. SELMATH.K.U, AGED 57 YEARS, W/O. SHAGY. P.M,
OFFICE SUPERINTENDENT (RETD), KERALA AGRICULTURAL UNIVERSITY,
THRISSUR - 680 656, RESIDING AT PUZHAKKARA (KANIVE) HOUSE
NEAR DON BOSCO HSS, MANNUTHY PO, THRISSUR 680 651.
P.T.O.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant a period of 6
months for complying with the directions contained in the judgment dated
09/01/2023 in Con. Case (C) No.2623/2022, in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 09/01/2023 and upon hearing the arguments of SMT.K.L. LAKSHMI RANI,
STANDING COUNSEL for the petitioners in IA/respondents in COC and of
SRI.K.JAJU BABU (SENIOR ADVOCATE) along with M/S. M.U.VIJAYALAKSHMI &
BRIJESH MOHAN, Advocates for the respondents in IA/petitioners in COC, the
court passed the following:
P.T.O.
DEVAN RAMACHANDRAN, J.
-------------------------------------
I.A.Nos. 1 & 3 of 2023 in
Cont.Case (C) No.2623 of 2022
--------------------------------------
Dated this the 13th day of June, 2023
ORDER
Among the afore, I.A No.1/2023 has been filed by the
petitioners to reopen the Contempt of Court Case, on the
allegation that the University has not honoured the payments till
date; while, I.A No. 3/2023 - has been filed by the University
seeking six months time to effect payment of the same.
2. Smt.Lakshmi Rani - learned Standing Counsel for the
University, submitted that her client is incapacitated from making
payments because of extreme financial crisis and that they are
awaiting assistance from the Government. She, therefore, prayed
that at least six months time be granted to them to make
payment.
3. I must say that the afore submissions made on behalf
of the University are startling because, if financial crisis cited is so
acutely, then the functioning of the University itself would come
under a cloud. Moreover, as rightly argued by Sri.Brijesh Mohan -
learned counsel for the contempt petitioners, the officers of the
University are being paid without break and this also causes
suspicion on their bonafides.
Cont.Case (C) No.2623 of 2022
In the afore circumstances, I allow I.A No.3/23, granting two
months time from today to the University to effect full payment in
terms of the judgment; and leaving liberty to the petitioner to
move I.A No.1/23 after the said period.
I fix this time, taking note of the fact that it has been already
two months after I.A No. 3/2023 has been filed.
Hand over.
Sd/- DEVAN RAMACHANDRAN,
JUDGE
lsn
13-06-2023 /True Copy/ Assistant Registrar
