Abraham George vs Shri. Biju Prabhakar, Ias
2024 Latest Caselaw 5773 Ker

Kerala High Court

Abraham George vs Shri. Biju Prabhakar, Ias on 20 February, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
                    CON.CASE(C) NO. 2591 OF 2023
    AGAINST THE JUDGMENT WP(C) 15921/2018 OF HIGH COURT OF KERALA
PETITIONERS/WRIT PETITIONERS NO.21, 22, 24 & 26:

     1     ABRAHAM GEORGE
           AGED 59 YEARS, S/O GEORGE
           DRIVER GR-II (RETRD.), KERALA STATE ROAD TRANSPORT
           CORPORATION, PUNALUR DEPOT AND RESIDING AT VILAYIL LIJI
           BHAVAN, VENCHEMBUR-P.O., PUNALUR, PIN - 691333
     2     SHAMEEM, M.H
           AGED 53 YEARS
           S/O MOHAMMED HANEEFA, DRIVER GR. II, KERALA STATE ROAD
           TRANSPORT CORPORATION, KOTTARAKARA DEPOT AND RESIDING AT
           HASHIMJI MANZIL, NEDUVATHOOR-P.O., KOTTARAKARA, KOLLAM
           DISTRICT, PIN - 691507
     3     A SANTHOSH
           AGED 48 YEARS
           S/O AYYAPPAN PILLAI, DRIVER GR.II, KERALA STATE ROAD
           TRANSPORT CORPORATION, CHADAYAMANGALAM DEPOT AND RESIDING
           AT ANANDABHAVAN, KUTTIKKADU-P.O., KADAKKAL, KOLLAM
           DISTRICT, PIN - 691536
     4     BABURAJ P
           AGED 58 YEARS
           S/O VELAYUDHAN PILLAI, MECHNIC (UPHOLSTERRY) (RETD) ,
           KERALA STATE ROAD TRANSPORT CORPORATION, REGIONAL
           WORKSHOP, EDAPPAL AND RESIDING AT PALARI HOUSE, P.O.
           ODDANAM, MURICKAL ROAD, PARAPPANANGADI, MALAPPURAM
           DISTRICT, PIN - 676303
           BY ADVS.
           N.UNNIKRISHNAN
           JAYACHANDRAN C.


RESPONDENT/RESPONDENT NOS.3 IN WP(C):

           SHRI. BIJU PRABHAKAR, IAS
           AGED 57 YEARS
           S/O THACHADIPRABHAKARAN, CHAIRMAN AND MANAGING
           DIRECTOR,KERALA STATE ROAD TRANSPORT CORPORATION,
           TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM-695 023 AND
 ON.CASE(C) NO. 2591 OF 2023
                                    2

           RESIDING AT THIRUVANANTHAPURAM., PIN - 695023



           SRI. DEEPU THANKAN, SC


     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION
ON 20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 ON.CASE(C) NO. 2591 OF 2023
                                      3

                               JUDGMENT

After arguing this matter for some time, the

learned counsel for the petitioners -

Sri.N.Unnikrishnan, submitted that this contempt

case is not pressed; but sought liberty for his

client to challenge the new order issued by the

respondent in terms of law. He argued that the order

now issued is illegal and is liable to be

interdicted for various grounds; for which, he

intents to invoke appropriate remedies.

In the afore circumstances, this contempt case

is closed; with the afore requested liberty being

fully reserved to the petitioners; for which

purpose, all rival contentions are also left open in

that regard.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS ON.CASE(C) NO. 2591 OF 2023

APPENDIX OF CON.CASE(C) 2591/2023

PETITIONERS' ANNEXURES Annexure 1 A TRUE COPY OF JUDGMENT DATED 16.08.2022 IN

Annexure 2 A COPY OF THE LETTER DATED 20.01.2023 SUBMITTED BY THE FIRST PETIITONER DURING THE HEARING RESPONDENTS' ANNEXURES

Annexure R1(a) A TRUE COPY OF THE ORDER DATED 03/01/2024 ISSUED BY THE CORPORATION