Ashokan vs Nsk Umesh Ias
2024 Latest Caselaw 13969 Ker

Kerala High Court

Ashokan vs Nsk Umesh Ias on 28 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                  CON.CASE(C) NO. 614 OF 2024
AGAINST THE JUDGMENT DATED IN WP(C) NO.33915 OF 2023 OF HIGH
COURT OF KERALA
PETITIONER:

         ASHOKAN
         AGED 73 YEARS
         S/O. KARAPPAN,PARAYANVALAPPIL HOUSE,
         KURUMASSERY,ALUVA,ERNAKULAM.DISTRICT, PIN - 683579
          BY ADVS.
          AYPE JOSEPH
          MERIN ROSE


RESPONDENT:

          NSK UMESH IAS
          IAS, AGE AND FATHER'S NAME NOT KNOWN, DISTRICT
          COLLECTOR, CIVIL STATION, ERNAKULAM PRESENTLY
          WORKING AS THE COLLECTOR, CIVIL STATION, KAKKANAD,
          KOCHI, ERNAKULAM, PIN - 682030




          SMT. C.S.SHEEJA, SR. GP



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO. 614 OF 2024

                                           2


                                   JUDGMENT

Even though Smt.C.S.Sheeja - learned Senior

Government Pleader has filed a Memo dated 20.05.2024,

producing therewith an order of respondent dated 12.12.2023

asserting full compliance with the directions in the judgment,

Sri. Aype Joseph - learned counsel for the petitioner

vehemently argues that the said proceedings have never been

received by his client nor communicated to them. He, therefore,

pleaded that, either this Court direct the respondents to

communicate the said order to his clients, or that they be given

liberty to challenge it before the appropriate Forum, including

this Court, but without being burdened by any contra-assertion

relating to limitation and such other.

2. Learned Senior Government Pleader -

Smt.C.S.Sheeja, in response, submitted that, to her

information, the order in question has already been

communicated to the petitioner; but added that she will not

stand in the way of this Court leaving open the liberty of the

petitioner to challenge the same as per law. She added that

there would be no issue of limitation because the challenge

against the order can only be under Article 226 of the CON.CASE(C) NO. 614 OF 2024

Constitution of India before this Court.

3. There is some force in the afore submissions of the

learned Senior Government Pleader - Smt.C.S.Sheeja because,

if the petitioner is to challenge the order dated 12.12.2023, he

can always explain the afore stand, including that it was never

received by him until it was produced before this Court along

with the Memo of the learned Senior Government Pleader.

In the afore circumstances, reserving full liberty of the

petitioner to challenge the order now issued by the respondent,

I close this Contempt Case without any further orders.

Sd/- DEVAN RAMACHANDRAN, JUDGE lsn CON.CASE(C) NO. 614 OF 2024

APPENDIX OF CON.CASE(C) 614/2024

PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE JUDGMENT DATED 17.10.2023 IN W.P.(C.) NO. 33915 OF 2023 OF THIS HON'BLE COURT Annexure A2 THE TRUE COPY OF THE POSTAL RECEIPT ISSUED BY THE RESPONDENT DATED 12.1.2024

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN