In this contempt petition, the High Court held that the contemner had complied with the Tribunal's direction to pass a fresh order. The contempt case was rejected, but with liberty to challenge the specific order passed.
Contempt case rejected; liberty reserved to question the fresh order before the appropriate forum.
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.M.JOSEPH
FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929
Con.Case(C).No. 1436 of 2007
-----------------------------AGAINST THE ORDER OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 30.1.2007 IN APPEAL NO.484/2006.
PETITIONERS /APPELLANTS:
AGED 45 YEARS, KADAMPATHU HOUSE, KAZHAKUTTOM P.O., THIRUVANANTHAPURAM.
AGED 50 YEARS, KADAMPATHU HOUSE, KAZHAKUTTOM P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.M.SREEKUMAR
RESPONDENTS /RESPONDENT:
DHARMAPALAN, (AGE & FATHERS NAME NOT KNOWN TO THE PETITIONERS) SECRETARY, KAZHAKUTTOM GRAMA PANCHAYATH, KAZHAKUTTOM, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.M.RAJAGOPALAN NAIR
SRI.G.BIJU
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L. DATTU, CJ. & K.M. JOSEPH, J.
JUDGMENT
H.L.DATTU, CJ,
The Tribunal for Local Self Government Institutions has passed an order dated 30th January, 2007, inter alia directing the Secretary, Kazhakuttom Grama Panchayat to pass a fresh order based on the notice dated 18.11.2006 after affording an opportunity of hearing to the appellants in the appeal.
C.O.(C). 1436/2007.
2
before the appropriate forum. In that view of the matter, we do not intend to take cognizance of the matter. Accordingly, the Contempt of Court Case is rejected. However, liberty is reserved to the petitioners to question the correctness or otherwise of the order passed by the contemner on 19.5.2007 before the appropriate forum, if they
so desire.
Ordered accordingly.
H.L. DATTU, CHIEF JUSTICE
K.M. JOSEPH, JUDGE
sb.
2 issues framed by the court
Whether the contemner committed deliberate disobedience of the Tribunal's order by failing to pass a fresh order after the appointed hearing.
Whether the petitioners can question the fresh order passed by the Secretary before the appropriate forum.
T.LATHAKUMARI
B.VIJAYAKUMAR
DHARMAPALAN
H.L. DATTU
K.M. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
