V.Indulekha vs Shri James Varghese on 18 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 571 of 2008(S)


1. V.INDULEKHA, AGED 41 YEARS
                      ...  Petitioner

                        Vs



1. SHRI JAMES VARGHESE, AGED ABOUT 53 YEARS
                       ...       Respondent

                For Petitioner  :SRI.S.RAMESH BABU

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice A.K.BASHEER

 Dated :18/11/2008

 O R D E R
                 H.L.DATTU, C.J. & A.K.BASHEER, J.
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                       Cont. Case ( C ).No.571 OF 2008
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                 Dated this the 18th day of November, 2008

                                    JUDGMENT

H.L.DATTU, C.J.

The petitioner in W.P.(C).No.7294/2005 is the complainant in

this contempt petition filed under Sections 11 and 12 of the Contempt

of Court Act, 1971 read with Article 215 of the Constitution of India,

inter alia requesting us to take appropriate proceedings against the

respondents for willful and deliberate disobedience of the orders and

directions issued by this Court while disposing of the writ petition

(2) State, being aggrieved by the aforesaid order passed by the

learned Single Judge, had preferred W.A.No.809/2008. The appeal

came to be rejected on 25th June, 2008. The State has now taken up

the matter before the apex court in SLP.(c)No.2633/2008. The same

is pending for consideration.

(3) During the pendency of the proceedings before the Apex

Court, the respondents have issued an order dated 15.11.2008. The

order reads as under:

“In view of the facts and circumstances
stated in the message read as 4th paper above, the
orders declining the request of the petitioner, vide

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COC.NO.571/08

Government order read as 3rd paper above is cancelled.
The request of the petitioner in the Writ Petition (c )
No.7294/05 to continue in the post of HSA (Maths), is
allowed subject to the result of SLP ( c ) No.26233/08 filed by
the State.

The directions of the Hon’ble High Court in the
judgment read as 1st paper is thus complied with”.

(4) In view of the orders passed by the respondents dated 15.11.2008

we are of the opinion that there is substantial compliance with the orders

and directions issued by this Court while disposing of W.P.(C)No.7294/2005.

(5) In that view of the matter, for the present, we need not have to take

cognizance of the contempt petition. Accordingly, we close the contempt

petition.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(A.K.BASHEER)
JUDGE

cl

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