Kerala High Court
Suni B.T vs Vinayaka Granites on 25 October, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
&
THE HONOURABLE MR. JUSTICE S.MANU
Friday, the 25th day of October 2024 / 3rd Karthika, 1946
CONTEMPT APP(C) NO. 5 OF 2024(S) IN CONTEMPT CASE(C) 2773/2023
APPELLANT/ADDITIONAL 2ND RESPONDENT:
SUNI B.T, AGED 56 YEARS, W/O AJITHKUMAR,
FORMER SECRETARY OF KONNI GRAMA PANCHAYAT, KONNI P.O,
PATHANAMTHITTA - 689 697, RESIDING AT UTHRADAM, THUNDUVILA,
NEMOM P.O, THIRUVANANTHAPURAM, PIN - 695 020.
BY ADVOCATES M/S. S.MOHAMMED AL RAFI & THAJUNA MARIA FRANCIS
RESPONDENTS/PETITIONER AND 1ST RESPONDENT:
1. VINAYAKA GRANITES, PAYYANAMON P.O, KONNI, PATHANAMTHITTA,
REPRESENTED BY ITS PARTNER SMT. RAJAMMA THOMAS, PIN - 689 692.
2. DIPU P.K, SECRETARY, KONNI GRAMA PANCHAYAT, KONNI P.O.,
PATHANAMTHITTA, PIN - 689 691.
ADVOCATES M/S. ENOCH DAVID SIMON JOEL, S.SREEDEV, RONY JOSE, LEO
LUKOSE, KAROL MATHEWS SEBASTIAN ALENCHERRY, DERICK MATHAI SAJI, KARAN
SCARIA ABRAHAM & ITTOOP JOY THATTIL FOR R1
This Contempt appeals (civil) having come up for orders on
25.10.2024, the court on the same day passed the following:
P.T.O.
NITIN JAMDAR, C.J., V. G. ARUN, J. & S. MANU, J.
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Contempt Appeal (C) No.5 of 2024
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Dated this the 25th day of October, 2024
ORDER
Nitin Jamdar, C.J.
Heard Sri. S. Mohammed Al Rafi, learned counsel for the
Appellant and Sri. Enoch David Simon Joel, learned counsel for
Respondent No.1.
2. This reference is placed before the Full Bench on the administrative
order passed in the light of the order passed by the Division Bench of this
Court on 13 August 2024 in Contempt Appeal (C) No.5 of 2024 in the
case of Suni B.T. v. Vinayaka Granites and Another. The Division Bench
directed the Registry to place the matter before the Larger Bench since
the Division Bench has expressed their inability to agree with the view
taken by another Division Bench of this Court in the case of Sunil C.
(Dr.) v. Dr. Selsa S. [Contempt Appeal (C) No.8 of 2023 dated 13
February 2024].
3. Reference is made to the Full Bench as per the provisions of the
Kerala High Court Act, 1958 (Act of 1958). Section 7 of the Act of 1958
deals with the procedure for the Full Bench to decide the question of law,
which is referred. Section 7, therefore, contemplates that to enable the
Full Bench to decide the question of law, it should be crystalised in the
referral order.
4. We have gone through the reference order in Suni B.T. and also the
judgment of the Division Bench in Sunil C. The Division Bench in Suni
B.T. has expressed inability to agree with the view taken by the other
Division Bench in Sunil C. However, the reference order has not
crystalised the question that the Full Bench is called upon to decide. One
option would be to place the matter before the Division Bench which has
made the reference to specify the question to be answered. However, since
the issue requires closure at the earliest, with the assistance of the counsel
for the parties, we have crystalised the question to be decided, which arises
from the divergence of views between the two Division Benches.
5. The question is as under:-
"Whether an appeal is maintainable under Section 19(1) of the
Contempt of Courts Act, 1971 when the Court, after forming a
prima facie opinion, proceeds to frame charge under Rule 14(b)
of the Contempt of Courts (High Court of Kerala) Rules framed
under the Contempt of Courts Act, 1971."
6. The power of the High Court to punish for contempt under Article
215 of the Constitution of India also may arise for consideration.
7. Post on 15 November 2024. Summary of submissions and
compilation of decisions, which counsel seek to rely, shall be furnished
before the next date of posting.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
V. G. ARUN
JUDGE
Sd/-
S. MANU
JUDGE
Jvt & krj //TRUE COPY//
P.A. TO C.J.
25-10-2024 /True Copy/ Assistant Registrar
