High Court Kerala High Court

M.K.Pramod vs Sri. James Varghese on 6 February, 2008

Kerala High Court
M.K.Pramod vs Sri. James Varghese on 6 February, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con Case(C) No. 1461 of 2007(S)


1. M.K.PRAMOD, S/O. ELIPARAMBATH KANARAN
                      ...  Petitioner

                        Vs



1. SRI. JAMES VARGHESE
                       ...       Respondent

                For Petitioner  :SRI.KRB.KAIMAL (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.M.JOSEPH

 Dated :06/02/2008

 O R D E R
                               H.L.Dattu,C.J. & K.M.Joseph,J.

                           ---------------------------------------------------

                           Cont.Case (C).No.1461 of 2007-S

                           ----------------------------------------------------

                          Dated, this the 6th day of February, 2008


                                            JUDGMENT

H.L.Dattu,C.J.

Alleging that the respondent has not complied with the

undertaking given by him in Cont.Case (C).No.525 of 2007 dated 21.06.2007,

the complainant is before us once again in this contempt proceedings.

(2) Along with the contempt petition, the complainant, very fairly,

has produced the orders passed by the State Government dated 05.09.2007. By

the impugned order, the State Government has considered the request of the

complainant and has passed an order.

(3) In our view, the only direction that was issued by this Court

while disposing of the contempt petition was to consider the request of the

petitioner on top priority basis as early as possible, at any rate, within three

months from the date of receipt of a copy of that order.

(4) Pursuant to the direction so issued by this Court, the

respondent has passed orders dated 05.09.2007. If for any reason the petitioner

is aggrieved by the same, he has necessarily to question the same before the

appropriate forum. In that view of the matter, we do not intend to take

cognizance of this contempt petition. Accordingly, the contempt petition requires

to be rejected and it is rejected.

Cont.Case (C)No.1461/2007-S

– 2 –

(5) However, liberty is reserved to the complainant, if he so

desires, to question the correctness or otherwise of the orders passed by the

Government dated 05.09.2007 before the appropriate forum.

Ordered accordingly.

H.L.Dattu

Chief Justice

K.M.Joseph

Judge

vku/-