Citation : 2024 Latest Caselaw 30423 Ker
Judgement Date : 25 October, 2024
Con.Case(C) No.2823/2024 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
Friday, the 25th day of October 2024 / 3rd Karthika, 1946
CONTEMPT CASE(C) NO. 2823 OF 2024(S) IN WP(C) 29090/2017
PETITIONER/PETITIONER IN WP(C) NO.29090/2017:
SUDHEER BABU M.P, AGED 50 YEARS, H.S.S.T (HISTORY),
PANDALLOOR HIGHER SECONDARY SCHOOL, KADAMBODE P.O,
MALAPPURAM - 676 521. S/O PARAMESHWARAN, SUSHA NIVAS,
KARAKKUNNU P O, MANJERI, MALAPPURAM, PIN - 676 521.
BY ADVS. M/S. M.A.FAYAZ, M.VISHNUPRIYA & C.B.ABHINAVA
RESPONDENTS/RESPONDENTS 1 AND 2 IN WP(C) NO.29090/2017:
1. RANI GEORGE, PRINCIPAL SECRETARY TO THE GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2. A SHANAVAS, DIRECTOR OF GENERAL EDUCATION, O/O THE DIRECTOR OF
GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695 014.
BY GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
25.10.2024, the court on the same day passed the following:
P.T.O.
Con.Case(C) No.2823/2024 2/5
Con.Case (C) No. 2823 OF 2024 1
2024:KER:75374
P.V.KUNHIKRISHNAN, J
--------------------------------------
Cont. Case (C) No. 2823 of 2024
--------------------------------------
Dated this the 25th day of October, 2024
ORDER
This Contempt case is filed alleging violation of the
judgment dated 05.04.2023 in W.P.(C.) No. 29090/2017.
This Court disposed the above case with following
directions :
1) "Ext.P6 is set aside.
2) The 1st respondent is directed to reconsider the
matter in the light of the observation and direction in Ext.P5 judgment with notice to the petitioner, as expeditiously as possible, at any rate, within four months from the date of receipt of a stamped certified copy of this judgment.
3) The petitioner will produce a stamped certified copy of this judgment along with the copy of this writ petition before the 1st respondent for compliance."
2. This Court specifically observed in the
2024:KER:75374 st order that the 1 respondent in the writ petition should
reconsider the matter in the light of Ext.P5 judgment.
Violating the same, an order was passed by the
respondents as evident by Annexure-2 order. The petitioner
challenged that order by filing a writ petition. After filing
the writ petition, the respondents withdrew Annexure-2 as
per Annexure-3. That itself shows that Annexure-2 is in
violation of the judgment passed by this Court. The
grievance of the petitioner is that even now, the directions
in the judgment are not complete.
3. I am of the prima facie opinion that the
respondents committed contempt. The respondents will
appear before this Court through video conference on
18.11.2024. In the meanwhile, if the directions are
complied or if the judgment is varied or modified, the
appearance is dispensed with.
Issue a copy of this order to the Government
Pleader, who will communicate the same to the
2024:KER:75374 respondents.
Post on 18.11.2024.
sd/-
P.V.KUNHIKRISHNAN JUDGE SKS
25-10-2024 /True Copy/ Assistant Registrar
APPENDIX OF CON.CASE(C) 2823/2024 Annexure 2 TRUE COPY OF G.O(RT)NO.2017/2024/G.EDN DATED 12.03.2024.
Annexure 3 TRUE COPY OF GO(RT)NO.5699/2024 /G.EDN DATED 04.09.2024.
Exhibit P5 of WP(C) TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.7125/2014. 29090/2017
25-10-2024 /True Copy/ Assistant Registrar
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