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.
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C.O.C.No.995 OF 2007
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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.