Kerala High Court
Anilkumar V.V vs Prof. Prakashkumar B on 23 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Friday, the 23rd day of June 2023 / 2nd Ashadha, 1945
IA.NO.2/2023 IN CONTEMPT CASE(C) NO. 658 OF 2020(S) IN WP(C) 20740/2011
APPLICANTS/PETITIONERS IN COC:
1. ANILKUMAR V.V., AGED 53 YEARS, S/O VASUDEVA PANICKER,
SKILLED LAB ASSISTANT (HIGHER GRADE), PHARMACY,
SCHOOL OF MEDICAL EDUCATION, M.G.UNIVERISITY, KOTTAYAM,
VELUPURAM, PANMANA P.O., CHAVARA, KOLLAM-691 583.
2. SANTHOSH KUMAR.V.V.,AGED 50 YEARS,
S/O M.P.VELAYUDHAN NAIR, LAB ASSISTANT (SKILLED),
ELECTRICAL (HIGHER GRADE),DEPT OF PHARMACEUTICAL SCIENCE,
M.G.UNIVERSITY, CHERUVANDOOR CAMPUS, ETTUMANOOR P.O.,
RESIDING AT MADASSERIL HOUSE, ARPOOKARA WEST P.O.,
KOTTAYAM-686008.
3. RAJEEV. R, AGED 49 YEARS, S/O C.P.RATNAPPAN,
LAB ASSISTANT (SKILLED), ELECTRICAL (HIGHER GRADE),
DEPARTMENT OF PHARMACEUTICAL SCIENCE, M.G UNIVERSITY,
RIMSR, THALAPPADY, RUBBER BOARD P.O., KOTTAYAM,
RESIDING AT DARSANA, CHURAKKAD LANE, THEKKUMBHAGOM,
THRIPPUNITHURA-682 031.
4. MAHARBAN. B, AGED 60 YEARS, W/O MAJEED. M,
LAB ASSISTANT (SKILLED), PHARMACY (HIGHER GRADE),
DEPARTMENT OF PHARMACEUTICAL SCIENCE, M.G UNIVERSITY,
RIMSR, THALAPPADY, RUBBER BOARD P.O., KOTTAYAM,
RESIDING AT PALLATHUMUKKU (H), VADAKKUMTHALA P.O.,
KARUNAGAPPALLY, PIN-690 536.
P.T.O.
5. KUNJAMMA CHERIYAN, W/O JOSE JOSE JACOB,
RTD LAB ASST (SKILLED), PHARMACY (HIGHER GRADE),
DEPT. OF PHARMACEUTICAL SCIENCE, M.G UNIVERSITY,
CHERUVANDOOR CAMPUS, ETTUMANNOR P.O., RESIDING AT
OZHUKAYI (H), ATHIRAMPUZHA P.O., KOTTAYAM-686 562.
6. NARAYANAN NAMBOOTHIRI, AGED 60 YEARS, S/O KRISHNAN,
RTD LAB ASST (SKILLED), PHARMACY (HIGHER GRADE),
DEPT OF PHARMACEUTICAL SCIENCE, M.G.UNIVERSITY,
CHERUVANDOOR CAMPUS, ETTUMANOOR P.O., RESIDING AT
CHANDRAMAYIL ILLOM, KONDOOR, ERATTUPETTA P.O.,
KOTTAYAM-686 562.
7. SURESH JACOB, AGED 49 YEARS, S/O C.A JACOB,
LAB ASST (SKILLED), PHARMACY (HIGHER GRADE),
DEPT OF PHARMACEUTICAL SCIENCE, M.G.UNIVERSITY, RIMSR,
THALAPPADY, RUBBER BOARD P.O., KOTTAYAM, RESIDING AT
CHEMBILAYIL HOUSE, ERAVINALLOOR P.O., PUTHUPPALLY,
KOTTAYAM-686 011.
8. GOPALKRISHNAN. R., S/O C.K.RANGANATHAN,
LAB ASST (SKILLED), PHARMACY (HIGHER GRADE),
DEPARTMENT OF PHARMACEUTICAL SCIENCE, M.G UNIVERSITY,
CHERUVANDOOR CAMPUS, ETTUMANOOR P.O., RESIDING AT 2/530,
KRISHNA VIHAR, MARAYIL PARAMBU, MULAVUKADU P.O.,
ERNAKULAM-682 504.
P.T.O.
9. JIJUMON V.V, AGED 51 YEARS, S/O VASUKUTTAN V.R,
LAB ASSISTANT (SKILLED), PHARMACY (HIGHER GRADE),
DEPT OF PHARMACEUTICAL SCIENCE, M.G UNIVERSITY,
CHERUVANDOOR CAMPUS, ETTUMANOOR P.O., RESIDING AT
VELUTHEDATHU PARAMBU, S.H.MOUNT P.O., KOTTAYAM-686 006.
10. VALSALA KUMARI. S, W/O SURESH KUMAR, AGED 50 YEARS,
LAB ASST. (SKILLED), PHARMACY (HIGHER GRADE),
DEPT OF PHARMACEUTICAL SCIENCE, M.G UNIVERSITY,
CHERUVANDOOR CAMPUS, ETTUMANNOOR P.O., RESIDING AT
SURABHI, ATHIRAMPUZHA P.O., KOTTAYAM-686 562.
RESPONDENT/RESPONDENT:
PROF. PRAKASHKUMAR B., WORKING AS REGISTRAR,
M.G UNIVERSITY, KOTTAYAM, RESIDING AT BLUE BELL APARTMENT,
BLOCK 2, A2 KALATHIPPADY, VADAVATHOOR, KOTTAYAM-686 101.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to revive and
restore the above Contempt Petition on files.
This Application coming on for orders upon perusing the
application and the affidavit filed in support thereof, and this Court's
Judgment dated 09.02.2023 IN COC and upon hearing the arguments of M/S.
C.UNNIKRISHNAN (KOLLAM), LIYA ELZA ALEX, MAHESH CHANDRAN, ANANDA
PADMANABHAN & GAJENDRA SINGH RAJPUROHIT, Advocates for the petitioners
in IA/COC, SRI. SURIN IPE GEORGE, Standing Counsel for the respondent in
IA/COC, the court passed the following:
P.T.O.
GOPINATH P., J.
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Cont.Case(C)No.658 of 2020
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Dated this the 23rd day of June, 2023
ORDER
I.A.No.2/2023
This is a petition filed by the petitioners in the
contempt of court case to reopen the contempt of court case
alleging that there is no proper compliance of the directions
contained in the judgment of this Court in W.P.(C)No.20740 of
2011.
2. The learned counsel appearing for the
respondent would submit that the contempt of court case had
been closed earlier by this Court holding as under:
"2. xxx Along with the said affidavit, an
order of the Mahatma Gandhi University dated
07.02.2023 is produced, from where, I am
satisfied that action is taken in order to quantify
the amounts due to the petitioners and pay the
same to the petitioners. Today when the matter
was taken up, learned counsel appearing for the
respondents has produced copies of the pay
orders issued by M/s.State Bank of India,
M.G.University Campus Branch, Kottayam
District.
Cont.Case(C)No.658 of 2020
3. Taking into consideration the above
facts and circumstances, and even though the
orders are passed and the cheques are issued
belatedly, I do not find any reason to pursue the
contempt any further."
While the petitioners would assert that there is no
proper compliance of the directions contained in the
judgment, I am not inclined to allow reopening of the
contempt of court case, as the learned Judge who disposed
of the writ petition has recorded that there seems to be
compliance with the directions contained in the judgment.
However, I make clear that this will not prejudice the right
of the petitioners to challenge the orders now passed by
filing a fresh writ petition.
Sd/-
GOPINATH P., JUDGE
rkj
23-06-2023 /True Copy/ Assistant Registrar
