Mohammed N Saju vs Binu Sebastian
2024 Latest Caselaw 26339 Ker

Kerala High Court

Mohammed N Saju vs Binu Sebastian on 3 September, 2024

                                                          2024:KER:66581
Con.Case(C) No.1971 of 2024       :1:


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946
                        CON.CASE(C) NO. 1971 OF 2024
          AGAINST THE ORDER IN WP(C) NO.17621 OF 2023 OF HIGH
COURT OF KERALA

PETITIONERS:

      1       MOHAMMED N SAJU
              AGED 28 YEARS
              S/O M. NOOHU, RESIDINGAT TAIBA, PLOT NO.72,
              MAVELIPURAM HOUSING COLONY, KAKKANAD P.O, VAZHKKALA
              VILLAGE, KANAYANOOR TALUK, ERNAKULAM, PIN - 682030

      2       ANJU MOL.P.S
              AGED 24 YEARS
              W/O MOHAMMED M SAJU, RESIDINGAT TAIBA, PLOT NO.72,
              MAVELIPURAM HOUSING COLONY, KAKKANAD P.O, VAZHKKALA
              VILLAGE, KANAYANOOR TALUK, ERNAKULAM, PIN - 682030


              BY ADVS. RAFEEK. V.K.
              U.M.HASSAN
              NISHNA P.T.
              K.S.SUNEER
RESPONDENT
              BINU SEBASTIAN
              AGE AND FATHER’S NAME NOT KNOWN TO THE
              PETITIONER, THE TAHSILDAR, KANAYANOOR TALUK,
              ERNAKULAM, PIN - 682011

              GP - SRI. S. UNNIKRISHNAN


       THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION

ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2024:KER:66581
Con.Case(C) No.1971 of 2024     :2:


                           VIJU ABRAHAM, J.
         --    -- -- -- -- -- -- -- -- -- -- -- --
                    Con.Case(C) No.1971 of 2024
         --    -- -- -- -- -- -- -- -- -- -- -- --
                Dated this the 3rd day of September 2024

                              JUDGMENT

The learned Government Pleader upon instructions submitted that

the directions in Annexure A1 interim order have been complied with by

passing an order dated 31.07.2024.

2. The learned counsel for the petitioners would submit that the

issuance of the above said order is clearly in violation of the directions

issued by this Court, inasmuch as the judgment referred to in the interim

order has not been properly considered while issuing the same.

Since a decision has been taken, also referring to the judgments

mentioned in the interim order dated 07.02.2024, it is for the petitioners

to challenge the same if they are aggrieved by the same, in appropriate

proceedings, either by filing a fresh writ petition or by amending W.P.(C)

No.17621/2023 incorporating a challenge against the order dated

31.07.2024. Leaving open such right of the petitioners, the Contempt of

Court Case is closed.

Sd/-

VIJU ABRAHAM JUDGE sm/ 2024:KER:66581

APPENDIX OF CON.CASE(C) 1971/2024

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF INTERIM ORDER DATED 07.02.2024