High Court Kerala High Court

K.Gopalakrishnan vs Prabhakaran on 25 October, 2007

Kerala High Court
K.Gopalakrishnan vs Prabhakaran on 25 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 995 of 2007(S)


1. K.GOPALAKRISHNAN, AGED 59,
                      ...  Petitioner

                        Vs



1. PRABHAKARAN,
                       ...       Respondent

2. C.MOHANKUMAR, AGED 54,

                For Petitioner  :SRI.S.MUHAMMED HANEEFF

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.R.RAMAN

 Dated :25/10/2007

 O R D E R
                                P.R.RAMAN, J.
                    ---------------------------
                         C.O.C.No.995 OF 2007
                   ----------------------------
          Dated this the 25th day of October, 2007

                                    JUDGMENT

Petitioner alleges that pursuant to the judgment of this Court rendered

in W.P.(C) No.29758/2005, the respondent State did not disburse him the

amount withheld as per Ext.P2. The matter was posted for instruction and

today an affidavit is filed. It is stated that though a writ appeal was preferred

against the judgment in O.P.No.29758/2005, the same was also dismissed

without condoning the delay, leaving open the right of the Government to

pass fresh orders in accordance with law. As per the judgment in the writ

petition, what is quashed is Ext.P2, as per which the liability was fastened

on the petitioner. However, no consequential relief was granted in the writ

petition. Though it is contended by the learned counsel for the petitioner

that it is the natural consequence of quashing Ext.P2, in the absence of any

specific direction issued in this behalf, it cannot be said that such non-

payment amounts to wilful disobedience of the judgment of this Court.

Leaving open the petitioner’s right to seek remedies by independent

proceedings this Contempt Case is closed.

P.R.RAMAN,
Judge.

kcv.