Byju M.C vs Leena N.P
2024 Latest Caselaw 16235 Ker

Kerala High Court

Byju M.C vs Leena N.P on 10 June, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
    MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
                    CON.CASE(C) NO. 1329 OF 2024
 AGAINST THE JUDGMENT DATED 22.02.2024 IN OP(KAT) NO.58 OF 2024
                       OF HIGH COURT OF KERALA
PETITIONER/PETITIONER :

             BYJU M.C
             AGED 49 YEARS
             S/O MOHANDAS, JUNIOR SUPERINTENDENT,
             OFFICE OF THE KUMILY GRAMA PANCHAYAT,
             KUMILY P.O, IDUKKI- 685 509,
             RESIDING AT BYJU BHAVAN, ELAMKULAM,
             KALLUVATHUKKAL P.O., KOLLAM,
             KERALA, PIN - 691578
             BY ADVS.
             T.A.UNNIKRISHNAN
             K.K.AKHIL
             T. SREELAKSHMI UNNIKRISHNAN


RESPONDENT/1ST RESPONDENT :

             LEENA N.P.,
             AGED ABOUT 50,
             (NAME OF FATHER NOT KNOWN TO THE PETITIONER),
             WORKING AS ADDITIONAL SECRETARY
             LOCAL SELF GOVERNMENT DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM,
             PIN - 695001
     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 COC No.1329 of 2024 IN
OP(KAT) No.58 of 2024
                                          2




                                 JUDGMENT

A.Muhamed Mustaque, J.

The petitioner has approached this Court in this contempt

case alleging that the direction of this Court in Annexure-1 had not

been complied with. The petitioner is before us aggrieved by

Annexure-3 Government order, by which the petitioner has been

transferred pursuant to the disciplinary action.

2. We find that this is an independent cause of action.

The remedy of the petitioner is to challenge by way of separate

petition, if necessary, and not by way of contempt.

With liberty as above, this Contempt of Court Case is

closed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE rkj COC No.1329 of 2024 IN

APPENDIX OF CON.CASE(C) 1329/2024

PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE JUDGMENT DATED 22/2/24 IN (O.P.KAT) 58/24 OF THIS HON'BLE COURT Annexure 2 TRUE COPY OF THE ORDER NO.S.C1-1394/2024, DATED 26/2/24 ISSUED BY THE SECRETARY OF KUMILY GRAMA PANCHAYAT Annexure 3 TRUE COPY OF THE ORDER DATED 1/6/24 ISSUED BY THE RESPONDENT