Dismissed

K.K.Jose v. K.Jayakumar and Others

Kerala HC5 Oct 2010Con.Case(C)/753/2009

Case brief

AI extract

What is this about?

Contempt proceeding where petitioner alleged wilful disobedience of a judgment. Court found that the disputed amount had been disbursed with only a calculation error, leaving contempt matter closed without prejudice to petitioner's right to separate proceedings for calculation error.

What did the court decide?

Contempt matter closed without prejudice to petitioner's rights to pursue appropriate proceedings for calculation error.

K.K.Jose Vs K.Jayakumar and Others — Contempt of Court | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR &

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THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

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TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932

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Con.Case(C).No. 753 of 2009(S)

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

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AGAINST THE JUDGEMENT/ORDER IN WA.2316/2007 Dated 15/09/2008

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PETITIONER:

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K.K.JOSE,AGED 53,S/O.KOCHAPPU, KODAKARA, RESIDING AT KAVALAKKAT VEEDU,THYKUTTAM, KALLUR,P.O.ANNAMANADA,PIN-680741.

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BY ADV. MR. KKM.SHERIF MR. LAL K.JOSEPH MR. A.A.ZIYAD RAHMAN MS. SHEENA SAMUEL

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RESPONDENTS: RESPONDENTS

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K.JAYAKUMAR,AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER THE SECRETARY,IRRIGATION DEPARTMENT,SECRETARIAT,GOVERNMENT OF KERALA, TRIVANDRUM.

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P.LATHIKA,AGE AND FASTEHRS NAME NOT KNOWN TO THE PETITIONER THE CHIEF ENGINEER (ADMINISTRATION)IRRIGATION DEPARTMENT, TRIVANDRUM.

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AISHA P.NAIR,AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION,TRICHUR.

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BY SENIOR GOVERNMENT PLEADER BENNY GERVASIS

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J. CHELAMESWAR, C.J. & P.R. RAMACHANDRA MENON J.

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Cont. Case (C) No. 753 OF 2009

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Dated, this the 5^th day of October, 2010

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JUDGMENT

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Ramachandra Menon J.

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This contempt matter has been preferred by the petitioner alleging wilful disobedience of the judgment passed by this Court in W.A. No. 2316 of 2007 dated 15.09.2008. .

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The learned Government Pleader appearing for the contemnor submits that, pursuant to the verdict passed, the due amount has already been worked out and disbursed to the petitioner, the particulars of which have been furnished in a tabulated form.

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The learned counsel for the petitioner submits that, eventhough amount has been disbursed, there is some error with regard to the calculation and the petitioner is intending to challenge the same by way of separate proceedings.

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In the above circumstances, this Court finds that nothing remains to be considered in the contempt matter. Accordingly, the contempt matter is closed without prejudice to the rights and liberties of the petitioner to pursue appropriate proceedings, if any mistake is there with regard to the

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COC No. 753 of 2009

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extent of benefit payable to the petitioner, forming the subject matter of the

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Writ Appeal.

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J. CHELAMESWAR, CHIEF JUSTICE

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P. R. RAMACHANDRA MENON, JUDGE

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kmd

K.K.Jose v. K.Jayakumar and Others

Case brief

What is this about?

What did the court decide?

K.K.Jose v. K.Jayakumar and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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