Rev.Fr.John Punnamattom v. T.Surendran
Case brief
What is this about?
This is a contempt of court case where a petitioner alleged an authority evaded a court order by claiming lack of jurisdiction. The judge dismissed the contempt, holding that jurisdiction cannot be conferred by consent. The petitioner is free to challenge the order or pursue fresh proceedings against the proper authority and claim costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON
SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933
Con.Case(C).No. 1240 of 2011(S)
------------------------------- AGAINST THE JUDGEMENT IN WPC.36438/2009 ....................
PETITIONERS/PETITIONERS:
- REV.FR.JOHN PUNNAMATTOM, VICAR, S/O.VARKEY, AGED 62 YEARS, ST.MARY'S JACOBITE SYRIAN CHURCH, IDUKKI COLONY P.O., IDUKKI.
- T.M.KURIAN, TRUSTEE, ST.MARY'S JACOBITE SYRIAN CHURCH, S/O.MATHEW AGED 70 YEARS, THANDEL PUTHENPURAYIL, THADIYANPADU P.O., KESAVAMUNI, IDUKKI DISTRICT.
BY ADV. SRI.ROY CHACKO
RESPONDENT/RESPONDENT NO.4:
Issues for consideration
3 issues framed by the court
Whether a respondent authority can be held in contempt for allegedly evading a court order if it lacks jurisdiction to deal with the matter.
Whether a petitioner can later challenge the jurisdiction and claim costs if the contempt proceeding is dismissed on jurisdictional grounds.
Whether the dismissal of contempt proceedings bars the petitioner from pursuing fresh proceedings against the proper jurisdictional authority.
Parties & counsel
- petitioner
Rev. Fr. John Punnamattom & Ors.
- respondent
T. Surendran
Coram
P.R. Ramachandra Menon
Case details
As recorded by the court registry
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