IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 1274 of 2009(S)
1. C.G.ZACHARIAH, CHENNANKARA,
... Petitioner
Vs
1. K.V.MURALEEDHARAN, FATHER'S NAME AND
... Respondent
For Petitioner :SRI.JOMY GEORGE
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :24/06/2010
O R D E R
P.R.RAMACHANDRA MENON, J
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Cont. Case (C) No.1274 of 2009-S
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Dated this the 24th day of June, 2010.
J U D G M E N T
This Contempt of Court Case has been filed, alleging wilful
disobedience of the direction given by this Court vide Annexure 1
judgment dated 2.4.2009 in W.P.(C) No.22988 of 2007. Case of the
petitioner is that, in spite of the clear direction given by this Court to
finalise the matter after hearing the petitioner, no notice whatsoever was
issued and Annexure A2 order was passed on 2.7.2009, which is nothing
but an instance of contumacious act and hence sought to be pressed
further.
2. When the matter came up for consideration before this Court
on 21.5.2010; the contents of the affidavit dated 6.4.2010 filed by the
contemnor were found as not satisfactory. In the said circumstances, this
Court directed the learned Government Pleader to make available the
original of register, if any, to show the acceptance of the notice by the
petitioner and also the original of the proceedings as to the hearing held
on 2.7.2009, establishing the presence of the petitioner and other parties
concerned. Pursuant to the above order, an additional affidavit was filed
by the contemnor, explaining the sequence of events, also expressing
Cont. Case (C) No.1274 of 2009-S 2
`unconditional apology’ for the unintentional lapses. It was conceded
that Anenxure 2 was not in conformity with the direction given by this
Court vide Annexure 1.
3. In the additional affidavit, it was stated that, Annexure R1(a)
notice dated `6.5.2009′ was actually sent to the petitioner on
`11.5.2009′. On going through the original of the said notice produced
before this Court, it was noted that eventhough the notice was dated
6.5.2009, it was actually `signed’ by the contemnor only on `12.5.2009′,
whereas the entry made in the `despatch register’ was on the previous
day ie. on 11.5.2009 (which was also produced before this Court for
perusal). In the said circumstances, on confronting with the actual
position as above, the respondent/contemnor sought for some more time
to file a supplementary affidavit and accordingly, the matter was
adjourned to 28.5.2010, further adjourned to 8.6.2010.
4. Today, the learned Government Pleader submits that
Annexure A2 order has been re-called vide order No.A4.36/01 dated
15.6.2010, passed by the concerned officer, who is now holding the post
of `Puncha Special Officer’, Alappuzha. A copy of the said order has been
produced before this Court by the learned Government Pleader. It is
stated in the said order that, the parties will be given further opportunity
before passing fresh order. In the said circumstances, the proceedings
are permitted to be taken to the logical conclusion, in tune with the
Cont. Case (C) No.1274 of 2009-S 3
direction given in Annexure A1 judgment. Taking note of the fact that it
is rather difficult to finalise the proceedings during the rainy season, the
concerned authority is granted a further period of three months from
today.
5. In view of the unconditional apology expressed by the
Contemnor as to the contents of the affidavit, which actually did not
reconcile with the actual facts and figures and also in view of the
subsequent turn of events re-calling Annexure A2 order, this Court does
not find it necessary to proceed with further steps in the contempt
matter, but for deprecating the course pursued by the contemnor in the
strongest possible words. Accordingly, further proceedings are dropped,
however directing the contemnor to pay the cost of Rs.5,000/- to the
petitioner within one month. It is made clear that the cost ordered shall
be borne by the Contemnor himself.
The Contempt of Court Case is closed.
Sd/-
P.R.RAMACHANDRA MENON
JUDGE
//True Copy//
P.A to Judge
ab