Suresh.A.S vs Dr.P. Suresh Kumar
2024 Latest Caselaw 28508 Ker

Kerala High Court

Suresh.A.S vs Dr.P. Suresh Kumar on 25 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946

           CONTEMPT CASE(C) NO. 862 OF 2023(S) IN WP(C) 34015/2022


      PETITIONERS/PETITIONERS IN W.P(C) NO. 34015/2022:


        1. SURESH.A.S, AGED 64, S/O.K.SREEDHARAN, 'ALAKKADU',
           PANACHIKKADU, KUZHIMATTOM.P.O, KOTTAYAM - 686 533.
        2. PRIYADARSANAN.A.K, AGED 62, S/O.KRISHNA PILLAI, AMARTHIMELE
           VEEDU, KOLLAMKONAM, VILAPPILSALA.P.O, THIRUVANANTHAPURAM - 695
           573.
        3. SASI.V, AGED 62, S/O.VASU, 'DEVI KRIPA', KALAMPATTUVILA,
           PALLICHAL.P.O, THIRUVANANTHAPURAM - 695 020.

           BY ADVOCATES M/S. G.RAJAN POTAYIL, YAMUNA RANI V.G., URMILA.M.G
           & GOPIKRISHNA S.

      RESPONDENTS/1ST RESPONDENT IN W.P(C) NO. 34015/2022:


      1.    DR.P. SURESH KUMAR, DIRECTOR,

            INSTITUTE OF HUMAN RESOURCES DEVELOPMENT

            FOR ELECTRONICS (IHRD),   ROJOE TOWERS,

            VAZHUTHACAUD, THIRUVANANTHAPURAM - 695 014.

            ADDITIONAL R2 IMPLEADED

      2.    THE GOVERNMENT OF KERALA, HIGHER EDUCATION DEPARTMENT,

            SECRETARIAT, THIRUVANANTHAPURAM.

            ADDL.R2 IS SUO MOTU IMPLEADED AS PER ORDER DATED

            16/11/2023 IN COC 862/2023.

               SRI.DEEPU THANKAN, STANDING COUNSEL FOR R1

               SRI.SUNIL KUMAR KURIAKOSE, GOVERNMENT PLEADER FOR ADDL.R2

               ADV. SMT.UMUL FIDA


     This Contempt of court case (civil) having come up for orders on
25.09.2024, the court on the same day passed the following:

                                                       P.T.O.
             DEVAN RAMACHANDRAN, J.
           ------------------------
          Con.Case(C) No.862 of 2023
           ------------------------
  Dated this the 25th day of September, 2024

                       O R D E R

This contempt case stands reopened because,

even the undertaking given by the respondent on

14.12.2023 - pursuant to which, it was

initially closed - has not been complied with.

2. Smt.Umul Fida - learned counsel for the

respondent, submitted that, on her client

having issued the order dated 10.10.2023, the

judgment should be construed to have been fully

complied with; but was not able to explain to

this Court how the afore undertaking had been

offered, pursuant to which, this contempt case

was initially closed.

3. I notice that the leitmotif of the

defence of the respondent is that they do not

have the financial capacity and have not been

able to obtain resources from the Government,

even though entitled. However, they have not

chosen to file a review of the judgment.

4. Obviously, this Court is enjoined to

proceed with this case on its merits.

I, therefore, offer one more opportunity to

the respondent to file a counter affidavit;

however, notifying them that this Court,

otherwise, proposes to continue further action,

including trial, as per law.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS

25-09-2024 /True Copy/ Assistant Registrar