Contempt proceedings dropped where the Government Pleader assured prompt reconsideration of an educational facility request within three months.
Contempt proceedings dropped; liberty reserved to approach Court if respondent fails to act within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JUNE 2007 / 31ST JYAISHTA 1929 Con.Case(C).No. 525 of 2007(S) -----------------------------FROM THE JUDGEMENT IN WPC.28013/2005 Dated 24/01/2006 ....................
PETITIONER/PETITIONER IN WPC.
M.K.PROMOD, S/O.ELIPARAMBATH KANARAN MASTER, AGED 36 YEARS, CHAIRMAN, E.K.C.M. EDUCATIONAL TRUST, AROOR P.O., KAKKATTIL (VIA), KOZHIKODE DISTRICT.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENT: 1ST RESPONDENT IN WPC. ----------------------------------------------SRI.JAMES VARGHESE (FATHERS NAME AND AGE NOT KNOWN TO THE PETITIONER), SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM.
BY SR.GOVERNMENT PLEADER SMT.MEERA
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L.DATTU, C.J. & K.T.SANKARAN, J.
------------------------------------------ Cont.Case (C) No.525 of 2007 ------------------------------------------
Dated, this the 21st day of June, 2007
JUDGMENT
H.L.Dattu, C.J.
Alleging that the respondent in this contempt petition has disobeyed the orders and directions issued by this Court in W.P.(C) No.28013 of 2005 dated 24th January, 2006, the petitioner in the writ petition has filed this contempt petition.
“8. Under these circumstances, I quash Ext.P8 and direct the Government to reconsider the petitioner's request in the light of Ext.P9 and Ext.P10 and also G.O.(MS) 08/06/G.Edn. dated 5.1.2006. Government itself having already found that educational need exists and the petitioner is eligible, Government will take a decision bestowing as much sympathy as possible on the petitioner's case during the current academic year at the Government's earliest and at any rate within two months of the Government receiving a copy of this judgment so that the high school to be sanctioned can be commenced during the next academic year. The Government will be free to impose restrictions regarding the number of standards and divisions as was done in G.O.MS.08/06/G.Edn. dated 5.1.2006. If the Government is not inclined to decide the issue in favour of the petitioner, he shall be given notice and be heard before a decision is taken.”
Cont.Case (C)No.525/2007
2
( H.L.DATTU) CHIEF JUSTICE
(K.T.SANKARAN) JUDGE
vns
M.K.Promod
Secretary, General Education Department
H.L.Dattu
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
