Disposed

P.George v. R.Moni Amma

Kerala HC14 Dec 2011Con.Case(C)/523/2011

Case brief

AI extract

What is this about?

In a contempt case regarding alleged non-compliance with an interim order, the High Court accepted the respondent's unconditional apology and recorded that the disputed order would not be pursued, thereby closing the contempt matter and remitting the underlying writ petition for further consideration.

What did the court decide?

Contempt proceedings closed; unconditional apology accepted; disputed order not to be pursued; underlying writ petition remitted for consideration.

P.George Vs R.Moni Amma — Contempt of Court | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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WEDNESDAY, THE 14TH DAY OF DECEMBER 2011/23RD AGRAHAYANA 1933

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COC.No. 523 of 2011 (Y)

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AGAINST THE ORDER/JUDGMENT IN WPC.3480/2011 DATED 01-04-2011

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PETITIONER/PETITIONER :

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1 JOBY P.GEORGE,S/O.P.S.GEORGE, AGED 45 YEARS 35/765 A1 NORTH JANATHA ROAD PALARIVATTOM PO ERNAKULAM 682 205.

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2 NANCY JOBY,W/O.JOBY P.GEORGE,AGED 44 YEARS, 35/765A1 NORTH JANATHA ROAD PALARIVATTOM PO ERNAKULAM 682 205.

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BY ADV.SRI. GEORGE POONTHOTTAM

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RESPONDENT / 3RD RESPONDENT

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R.MONI AMMA,AGED ABOUT 50 YEARS, NAME OF THE HUSAND/FATHER NOT KNOWN REVENUE DIVISIONAL OFFICER MUVATTUPUZHA.

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BY ADV. MR. P. FAIZAL

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 1412-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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P.R. RAMACHANDRA MENON J.

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Cont. Case (C) No. 523 of 2011

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Dated, this the 14^th day of December, 2011

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JUDGMENT

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

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This contempt petition has been filed alleging wilful disobedience on the part of the respondent in complying with the interim order of this Court dated 01.04.2011 in W.P.(C) No. 3480 of 2011. The case of the petitioner is that in spite of the interim order dated 01.04.2011 vide Annexure III, the respondent paid only scant regards to the same and issued Annexure IV order dated 26.04.2011, which hence is sought to be proceeded against under the relevant provisions of the Contempt of Courts Act.

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Pursuant to the notice issued by this Court, the respondent has entered appearance and filed an affidavit dated 16.06.2011, pointing out the sequence of events. It is stated in paragraph 3 of the said affidavit that the respondent was never aware of Annexure III order and a copy of the same was served to her only on 13.06.2011. It was without any knowledge about Annexure III order, that Annexure IV

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Cont. Case No. 523 of 2011

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: 2 :

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proceeding was issued and the respondent has tendered unconditional apology for the same.

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In the above circumstances, this Court finds that there is no necessity to proceed with further steps under the Contempt of Court Act. The unconditional apology tendered by the respondent is accepted. The submission of the learned Government Pleader that Annexure IV order issued by the respondent, during pendency of Annexure III order, is not intended to be pursued or acted upon is recorded.

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The contempt matter is closed accordingly.

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Registry is directed to post the writ petition for consideration

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before the appropriate Bench.

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Sd/-

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P. R. RAMACHANDRA MENON, JUDGE

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kmd

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/True copy/

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P.A. to Judge

P.George v. R.Moni Amma

Case brief

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P.George v. R.Moni Amma

Case brief

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