IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 989 of 2010()
1. DR.ANIL KUMAR K.G., S/O.GOPINATHAN K.N.,
... Petitioner
Vs
1. DR.JEEVAN, AGED ABOUT 54 YEARS,
... Respondent
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/10/2010
O R D E R
ANTONY DOMINIC, J.
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Cont.Case (C) NO. 989 OF 2010
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Dated this the 14th day of October, 2010
J U D G M E N T
By Annexure V order dated 15th of June, 2010, this Court
directed the respondent to consider Ext.P5 representation filed by
the petitioner with notice to the parties. In this petition, what is
complained of is that the order has not been complied with.
2. However, learned Government Pleader submitted that
in compliance with the direction, order dated 9/7/2010 was
passed. It was stated that though notice was issued to the
petitioner on 3/7/10 in the address shown in the writ petition, the
notice was returned by the postal authorities with the
endorsement ‘unclaimed’.
3. Petitioner submits that immediately after the interim
order was passed by this Court, petitioner joined at Manjeri, the
transferred place, and that, immediately thereupon, by Annexure
VI representation dated 19/6/2010, he had informed the
respondents that he had joined at Manjeri and a copy of Annexure
V interim order was also produced. It is stated that thereafter, he
also submitted Annexure VII reminder dated 1/7/2010 to the
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respondent, furnishing his new address. Therefore, according to
the petitioner, there is no justification for not issuing notice to
him, in his present address.
4. Thus, it is obvious that prior to the passing of the order
dated 9/7/2010, the fact that the petitioner has joined at Manjeri,
the transferred place, was made known to the respondent, and
despite that, the notice issued to the petitioner was addressed
Chirayinkeezhu. It was in such circumstances that the order was
passed without hearing the petitioner.
5. In view of the above, learned Government Pleader
offers that notice will be issued to the parties to the writ petition
afresh and that after hearing them, respondents will pass fresh
orders in the matter.
6. Now that the learned Government Pleader has made
this offer, this contempt petition is closed leaving it open to the
respondents to pass fresh orders in the matter after issuing notice
to the parties.
Petitioner may produce a copy of this judgment before the
respondents for complying with the submission made by the
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learned Government Pleader. Orders shall be passed at any rate
within 4 weeks of receipt of a copy of this judgment.
ANTONY DOMINIC, JUDGE
Rp