IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con Case(C) No. 1448 of 2006(S)
1. G.SASIKUMAR, S/O. GOPALAN,
... Petitioner
Vs
1. UDAYAN,
... Respondent
For Petitioner :SRI.M.V.THAMBAN
For Respondent :SRI.ANIL K.NARENDRAN
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/07/2007
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
...................................................................................
CONTEMPT CASE (C) No. 1448 OF 2006
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Dated this the 11th July, 2007
J U D G M E N T
H.L. Dattu, C.J.:
The complainant alleges in this Contempt case, filed under sections 11
and 12 of the Contempt of Courts Act read with Article 215 of the Constitution
of India, that the first respondent in this Contempt case has deliberately and
wilfully disobeyed the orders and directions issued by this court in W.P.(C)
No.23546 of 2003 dated 04.11.2004. Therefore, a request is made in this
Contempt case to initiate appropriate proceedings against the first
respondent and punish him under the provisions of the Contempt of Courts
Act, 1971.
2. The first respondent had filed his objections . In the said statement
of objections, the first respondent tried to justify his action.
3. When the matter came up for consideration before this court on
09.07.2007, we had directed the first respondent to be present before us
today, for the purpose of framing charges. Pursuant to the direction issued
by us, the first respondent is before us . May be realising that it would be
futile for him to defend himself in this Contempt case, he has come forward
with an undertaking to the effect that he would promote the petitioner in this
Contempt Case as Principal, S.N.M. Higher Secondary School, Purakkad
CONTEMPT CASE (C) No. 1448 OF 2006
2
with effect from 12.07.2007. In the aforesaid undertaking, he has offered his
unconditional apology also for not implementing Annexure-I judgment within
a reasonable time.
4. Firstly, since the respondent has realised his mistake, we are of the
opinion that the unconditional apology offered by him requires to be accepted
and it is accepted. In the undertaking filed by him, he has stated that he
would promote the petitioner in this Contempt case as the Principal, S.N.M.
Higher Secondary School, Purakkad with effect from 12.07.2007. We think
that it would satisfy the interest of the complainant.
5. The memo of undertaking filed by the first respondent is placed on
record. In view of the aforesaid undertaking we intend to drop the contempt
proceedings against the first respondent. Accordingly the following:
O R D E R
i) Further proceedings in this Contempt case are dropped.
ii) Memo of undertaking filed by the first respondent, is taken on
record.
iii) The first respondent is directed to comply with the undertaking
given by him, by promoting the petitioner/complainant to the post of Principal,
S.N..M. Higher Secondary School, Purakkad with effect from 12.07.2007
positively.
iv) Liberty is reserved to the petitioner/complainant to approach this
CONTEMPT CASE (C) No. 1448 OF 2006
3
court, if for any reason, the first respondent disobeys the orders and
directions issued by this court today.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
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