Kerala High Court
Akash K Santhosh vs Shaji K.H on 13 November, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
Con.Case(C) No.2492/2024 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Wednesday, the 13th day of November 2024 / 22nd Karthika, 1946
CONTEMPT CASE(C) NO. 2492 OF 2024(S) IN WP(C) 15090/2023
PETITIONER/NOT A PARTY IN WP(C):
AKASH K SANTHOSH, AGED 24 YEARS, S/O. SANTHOSH,
KURUPPANEZHATHU HOUSE, POOTHOTTA P.O.,
UDAYAMPEROOR, ERNAKULAM, PIN - 682 307.
BY ADVOCATES M/S. N.ANAND, RAJESH O.N. & ROY ANTONY
RESPONDENTS/RESPONDENT NO.4 IN WP(C)/NOT PARTIES TO WP(C):
1. SHAJI K.H, SECRETARY, THE UDAYAMPEROOR GRAMA PANCHAYAT, NADAKKAVU
JUNCTION, UDAYAMPEROOR, THRIPPUNITHURA, PIN - 682 307.
2. BINU JOSHY, MEMBER, WARD NO. 5, VALIYAKULAM EAST, THE UDAYAMPEROOR
GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR, THRIPPUNITHURA
- 682 307, RESIDING AT KOTTOORTAZHATHU, UDAYAMPEROOR, PIN - 682
307.
3. NIMIL RAJ T.N, MEMBER, WARD NO. 20, THEREKKAL, THE UDAYAMPEROOR
GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR, THRIPPUNITHURA
- 682 307, RESIDING AT THUNDUPARAMBIL, UDAYAMPEROOR, PIN - 682
307.
4. SMITHA RAJESH, MEMBER, WARD NO. 14, MUTHIRAPARAMBU, THE
UDAYAMPEROOR GRAMA PANCHAYAT, NADAKKAVU JUNCTION,
UDAYAMPEROOR, THRIPPUNITHURA - 682 307, RESIDING AT CHALIYATH,
UDAYAMPEROOR, PIN - 682 307.
5. ALWYN XAVIER P, MEMBER, WARD NO. 4, KANDANADU, THE UDAYAMPEROOR
GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR,
THRIPPUNITHURA, RESIDING AT PEREPARAMBIL, KANDANADU, PIN - 682
305.
6. SHYMON M.P, MEMBER, WARD NO. 8, POOTHOTTA THE UDAYAMPEROOR GRAMA
PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR,
THRIPPUNITHURA, RESIDING AT MADATHIKKATTIL, POOTHOTA, PIN - 682
307.
7. ANIL KUMAR M.K, MEMBER, WARD NO. 19, MANGAYIKAVALA WEST, THE
UDAYAMPEROOR GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR,
THRIPPUNITHURA, RESIDING AT MADATHIPARAMBIL, UDAYAMPEROOR, PIN -
682 307.
8. SHEEJAMOL JAYAMON, MEMBER, WARD NO. 12, THATTAMPARAMBU, THE
UDAYAMPEROOR GRAMA PANCHAYAT NADAKKAVU JUNCTION, UDAYAMPEROOR,
THRIPPUNITHURA, RESIDING AT CHETTUPARAMBIL, SOUTH PARAVOOR, PIN -
682 307.
9. GOPI S.A, MEMBER, WARD NO. 10, PUNNAKKAVELI, THE UDAYAMPEROOR
GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR, THRIPPUNITHURA,
RESIDING AT SRAKKADU, SOUTH PARAVOOR, PIN - 682 307.
P.T.O.
Con.Case(C) No.2492/2024 2/5
10. SOMINI SUNNY, MEMBER, WARD NO. 2, PERUMTHRIKKOVIL, THE
UDAYAMPEROOR GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR,
THRIPPUNITHURA, RESIDING AT KOPPAITHRA, UDAYAMPEROOR, PIN - 682
307.
11. ANNIE AUGUSTINE, MEMBER, WARD NO. 7, KOCHUPALLI, THE UDAYAMPEROOR
GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR,
THRIPPUNITHURA, RESIDING AT CHITTETHAZHATHU HOUSE,
MATTATHAMKADAVU, SOUTH PARAVOOR, PIN - 682 307.
12. NISHA BABU, MEMBER, WARD NO. 17, KANNEMBILLI, THE UDAYAMPEROOR
GRAMA PANCHAYAT, NADAKKAVU JUNCTION, UDAYAMPEROOR,
THRIPPUNITHURA, RESIDING AT MOOLAPILLY, UDAYAMPEROOR, PIN - 682
307.
BY ADVOCATE SRI.K.I.SAGEER FOR R1
ADVOCATES M/S. M.B.SANDEEP, K.P.SREEJA & VISHNU K.K FOR R2 TO R4, R6, R7
& R10 TO R12
ADVOCATES M/S. K.P.MADHU, APARNA S & SANDRA MARIA BENNY FOR R5, R8 & R9
This Contempt of court case (civil) having come up for orders on
13.11.2024, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.2492/2024 3/5
DEVAN RAMACHANDRAN, J.
=================================
Con.Case(C)No.2492 of 2024
=================================
Dated this the 13th day of November, 2024
O R D E R
The submissions today made by the learned
counsel for the various respondents are rather
unfortunate.
2. Respondent No.1 was the earlier Secretary
of the Panchayat; while respondents 2 to 12 are
stated to be its Managing Committee members.
3. The learned counsel for the 1st respondent
asserts that his client had complied with the
directions in the judgment, while he was serving
as the Secretary of the Panchayat; and that the
Rank List was placed before the Committee, as is
statutorily required.
4. However, the learned counsel for
respondents 2 to 12 say that the aforesaid Rank
List is not proper; and that, in any event, no
substantive appointments will be made because of
the reasons recorded in Annexure 7, under Agenda
No.7.
5. Prima facie, the stand of the parties is
not merely in violation of the directions of this
Court, but also virtually against each other.
Obviously, they will have to now face further
action as per the Contempt of Courts Act, 1971.
I, therefore, adjourn this matter to be
called on 04.12.2024; on which day, all the
respondents shall remain present before this Court
personally to be read over the charges. However,
if the directions in the judgment are complied
with by them before this date, the afore direction
of personal appearance will stand withdrawn.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
13-11-2024 /True Copy/ Assistant Registrar
APPENDIX OF CON.CASE(C) 2492/2024
Annexure 7 A TRUE COPY OF THE MINUTES DATED 17.08.2024 OF THE
UDAYAMPEROOR PANCHYATH COMMITTEE.
13-11-2024 /True Copy/ Assistant Registrar
