Biju.V.R vs Mini Antony
2023 Latest Caselaw 3955 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
              CON.CASE(C) NO. 53 OF 2023(S) IN WP(C) 30848/2021

  PETITIONER/1ST PETITIONER IN WP(C) NO.30848/2021:

         BIJU.V.R, AGED 48 YEARS, S/O RAMAN,

         SMITHA NIVAS, VAIDYARANGADI.P.O, RAMANATTUKARA,

         KOZHIKODE DISTRICT, PIN - 673 631.

      BY ADVS. M/S. MAYA M. & V.M.KRISHNAKUMAR
  RESPONDENT/1ST RESPONDENT IN WP(C) NO.30848/2021:

         SMT.MINI ANTONY, SECRETARY,

         DEPARTMENT OF COOPERATIVE SOCIETY,

         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

      BY SRI.S.GOPINADHAN, SENIOR GOVERNMENT PLEADER

     This Contempt of court case (civil) having come up for orders on
30.03.2023, the court on the same day passed the following:


                                                           P.T.O.
                 DEVAN RAMACHANDRAN, J.
          --------------------------------------------------
            Contempt Case (Civil) No.53 of 2023
          --------------------------------------------------
            Dated this the 30th day of March, 2023


                            O R D E R

Sri.S.Gopinadhan - learned Senior Government Pleader,

submitted that, consequent to the issuance of the order dated

16.02.2023, which has been produced on record along with the

Memo dated 16.02.2023, this Contempt of Court Case has become

incapable of prosecution.

I do not intend to say much at this time; but am of the

view that the afore order is a general one which does not, prima

facie, addresses the specific concerns of the petitioner, as has

been ordered by this Court.

Of course, the respondent has filed a counter affidavit,

wherein they say that the request of the petitioner is to recast

the scale of pay, which is not possible, particularly when the coc 53/23

general order cannot be modified to rectify individual anomaly.

Even if the afore stand is to be adopted - without saying

it is capable of being so - the respondent has to address the

concerns of the petitioner in terms of the judgment.

I, therefore, adjourn this matter to be called on

12.04.2023; within which time, the respondent will look into

this aspect and make further submissions.

Sd/-

DEVAN RAMACHANDRAN, RR JUDGE

30-03-2023 /True Copy/ Assistant Registrar