Kerala High Court
N K E Chandrasekharan Nampoodiripad vs Smt C Beena on 21 June, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
CON.CASE(C) NO. 121 OF 2024
AGAINST THE JUDGMENT DATED 26.09.2023 IN WP(C)NO.31503 OF 2023 OF
HIGH COURT OF KERALA
PETITIONER:
N K E CHANDRASEKHARAN NAMPOODIRIPAD
AGED 77 YEARS
S/O LATE KUBERAN NAMPOODIRIPAD, RESIDING AT "OM
NIVAS", KAVINCHAL, P O C POYIL, PARIYARAM, KANNUR
DISTRICT, PIN - 670502
BY ADVS.M.K.SUMOD
VIDYA M.K.
RAJ CAROLIN V.
THUSHARA.K
RESPONDENT:
SMT C BEENA
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER, THE COMMISSIONER, MALABAR DEWASOM
BOARD, OFFICE OF THE MALABAR DEWASOM BOARD
COMMISSIONER, P O ERAHIPALAM, KOZHIKODE,
PIN - 673006
OTHER PRESENT:
SC, MDB- SMT. R. RANJANIE
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
CON.CASE(C) NO. 121 OF 2024
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this contempt case alleging willful
disobedience of the directions contained in Annexure A1 judgment of this
Court dated 26.09.2023 in W.P.(C)No.31503 of 2023 whereby that writ
petition was disposed of with certain directions. Paragraph 19 of that
judgment reads thus;
"19. Having considered the submissions made at the Bar,
we deem it appropriate to dispose of this writ petition,
leaving open the legal and factual contentions raised by
the petitioner, with the following directions;
(1) within three weeks from the date of receipt of a
certified copy of the judgment, the petitioner shall
submit a representation to supplement Ext.P8
representation dated 18.09.2023 made before the
1st respondent Commissioner, raising appropriate
legal and factual contentions, with specific reference
to the disqualification and eligibility clauses provided
in Ext.P1 notification, the condition in Ext.P9 circular
dated 03.09.1999 and the law laid down in the
decisions on the point, with supporting materials;
(2) on receipt of such representation, the 1st
respondent Commissioner shall serve a copy of the
same, along with a copy of Ext.P8 representation
dated 18.09.2023, to respondents 6 to 8;
(3) thereafter, the 1st respondent Commissioner
shall consider and pass appropriate orders on those
CON.CASE(C) NO. 121 OF 2024
representations, with notice to the petitioner and
respondents 6 to 8 and after affording them an
opportunity of being heard, as expeditiously as
possible, at any rate, within a period of six weeks
from the date of receipt of that representation; and
(4) the order passed by the 1st respondent
Commissioner shall be a 'reasoned order', after
adverting to the legal and factual contentions raised
by both sides."
2. On 22.01.2024, when this contempt case came up for
consideration, the learned Standing Counsel for Malabar Devaswom
Board sought time to get instructions.
3. Today when this matter is taken up for consideration it is
pointed out by the learned counsel for the petitioner and also the learned
Standing Counsel for Malabar Devaswom Board for the respondent that
the Commissioner has already passed an order pursuant to the directions
contained in Annexure A1 judgment and that order is under challenge in
W.P.(C)No.11076 of 2024.
4. On the delay in complying with the direction contained in
Annexure A1 judgment, the submission made by the learned Standing
Counsel for Malabar Devaswom Board is that the person, who was
holding the post of Commissioner on deputation basis, was relieved from
service on 22.11.2023. Thereafter, there occurred some delay on the
part of the present incumbent, who is holding charge of Commissioner,
CON.CASE(C) NO. 121 OF 2024
Malabar Devaswom Board, who is arrayed as respondent in this
contempt case.
In such circumstances, taking note of the pendency of
W.P.(C)No.11076 of 2024 filed by the petitioner challenging the order
passed by the Commissioner, Malabar Devaswom Board, this contempt
case is closed.
Sd/-
ANIL K. NARENDRAN
JUDGE
Sd/-
SOPHY THOMAS
JUDGE
bkn/-
CON.CASE(C) NO. 121 OF 2024
APPENDIX OF CON.CASE(C) 121/2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN W.P (C)
NO. 31503 OF 2023 DATED 26/09/2023 OF
THIS HON'BLE COURT
Annexure A2 TRUE COPY OF THE REPRESENTATION DATED
24/10/2023 SUBMITTED BY THE PETITIONER
BEFORE THE RESPONDENT ON 25/10/2023
Annexure A3 TRUE COPY OF THE HEARING NOTICE ISSUED BY
THE RESPONDENT BEARING NO. J3-
5609/2023/MDB DATED 01/12/2023
Annexure A4 TRUE COPY OF THE OBJECTIONS FILED BY THE
PARTY RESPONDENTS NO. 6 TO 8 IN THE WRIT
PETITION AND ISSUED BY THE RESPONDENT
ALONG WITH A COVERING LETTER BEARING NO.
J3/5609/2023/MDB DATED 01/11/2023
