Petitioners filed a contempt petition alleging respondents disobeyed previous court orders. The court held the respondents had passed an order within the stipulated time, negating wilful disobedience, and dropped the petition.
Contempt petition dropped; Interim Applications No.299 and 323 of 2007 dismissed.
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 HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 21ST JUNE 2007 / 31ST JYAISHTA 1929 Cont.Case(C).No.602 of 2006(S)
ARISING FROM THE JUDGEMENT IN O.P.NO.3492/2000 DATED 30/11/2005
PETITIONERS /PETITIONERS NO.2, 3 AND 4:-
(NOW ON DEPUTATION FROM LEGAL METROLOGY DEPARTMENT).
BY ADV. DR.K.P.KYLASANATHA PILLAY SRI.T.P.DEYANANTHAN SMT.SREEDEVI KYLASANATH
RESPONDENTS : RESPONDENTS NO.1 & 2:-
DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.
ADDL.3RD RESPONDENT IMPLEADED:
ADDL.R3. SRI.CHRISTUDAS (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), SECTION OFFICER, DEPT. OF REVENUE (F), GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
(ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER ORDER ON I.A.NO.3377 OF 2006 DATED 14.7.2006).
BY SENIOR GOVERNMENT PLEADER SRI.M.R.SABU.
THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD 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.602 of 2006-S
Dated, this the 21st day of June, 2007
JUDGMENT
H.L.Dattu,C.J.
Alleging that the respondents have disobeyed the orders and directions issued by this Court in O.P.No.3492 of 2000 and O.P.No.19112 of 1998 dated 30.11.2005, the petitioners are before us in this contempt proceedings. According to them, the respondents have disobeyed the positive directions issued by this Court while disposing of the aforesaid Original Petitions.
“Accordingly, these original petitions are disposed of directing the first respondent to look into the matter with notice to the petitioners and the party respondents and take appropriate action in the matter, within a period of four months from the date of production of a copy of this judgment. It is made clear that a decision as above shall be taken in the light of the binding judgment of this court, statutory mandate under section 72, Ext.P11 communication of the Government and Ext.P7 communication from the Director etc. and any other relevant materials. It is further made clear that Ext.P6 in O.P.No.3492/2000 shall not stand in the way of any decision taken as above and further action in the light of Ext.P6 shall be deferred till a decision is taken as above. Needless also to say that in view of the safeguard made in the original petition that the petitioners will be entitled to the benefits, in case they succeed”.
Cont.Case (C).No.602 of 2006-S - 2 -
disobedience of the orders passed by this Court. Therefore, the contempt petition need not be proceeded further. It requires to be dropped and it is dropped.
Ordered accordingly.
Consequently, I.A.Nos.299 of 2007 323 of 2007 are dismissed.
H.L.Dattu Chief Justice
K.T.Sankaran Judge
vku/-
1 issue framed by the court
Whether the respondents' compliance with the court order amounts to wilful or deliberate disobedience warranting contempt proceedings?
B. Rajendran Nair
C.V. Easwaran
Sudheer Raj
John Mathai
B. Satheesan
H.L.Dattu
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
