Disposed

Alphonsa Engratida P.J.& Others v. James Varghese and Another

Kerala HC30 Jan 2012Con.Case(C)/1333/2009

Case brief

AI extract

What is this about?

Petitioners challenged non-compliance with directions in WP(C)No.6530/07. The Court, noting the underlying judgment is pending in appeal, closed the contempt case without prejudice to the right to restore it post-disposal of the writ appeal. Five retired principals complained against Government officials.

What did the court decide?

The contempt case was finally closed without prejudice to the petitioners' right to restore the case after the disposal of the writ appeal pending before the Division Bench.

Alphonsa Engratida P.J.& Others Vs James Varghese and Another — Contempt of Court | Kerala HC (2012)

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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 S.SIRI JAGAN

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MONDAY, THE 30TH DAY OF JANUARY 2012/10TH MAGHA 1933

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COC.No. 1333 of 2009 (S)

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AGAINST THE ORDER/JUDGMENT IN WPC.6530/2007 DATED 06-07-2009

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PETITIONER(S):

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1. ALPHONSA ENGRATIDA P.J., AGED 58 YEARS, W/O.P.D.MATHEW, RETIRED PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, EDAPPALLY, ERNAKULAM.

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2. JOSE P.P., AGED 58 YEARS,

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S/O.P.L.POULOSE, RETIRED PRINCIPAL,

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GOVERNMENT HIGHER SECONDARY SCHOOL, MOOKKANNOOR.

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3. ANNAMMA.K.M., AGED 58 YEARS,

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W/O.V.KURIAKOSE, RETIRED PRINCIPAL,

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GOVERNMENT HIGHER SECONDARY SCHOOL (BOYS),

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PERUMBAVOOR.

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4. ISHA.M.R., AGED 58 YEARS,

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W/O.M.S.MILTON, RETIRED PRINCIPAL,

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GOVERNMENT HIGHER SECONDARY SCHOOL (BOYS), ALUVA.

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5. MARTHA THARIATH, AGED 58 YEARS,

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W/O.JACOB, RETIRED PRINCIPAL,

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GOVERNMENT HIGHER SECONDARY SCHOOL, KODUNGALLUR, TRISSUR DISTRICT.

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6. UMAYAMMA.T.V., AGED 59 YEARS,

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W/O.PADMANABHAN K.V., RETIRED PRINCIPAL,

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GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL,

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NORTH PARAVUR.

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7. RAMAKRISHNAN. K.P., AGED 59 YEARS, S/O.PURUSHAN, RETIRED PRINCIPAL, GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, KODUNGALLUR, TRISSUR DISTRICT.

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BY ADV. SRI.S.RAMESH BABU

2/-

sts

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COC.NO.1333/2009

RESPONDENT(S):

1. JAMES VARGHESE, AGED ABOUT 53 YEARS, (FATHERS NAME NOT KNOWN TO THE PETITIONER), WORKING AS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2. C.P.CHITHRA, AGED ABOUT 53 YEARS, (FATHERS NAME NOT KNOWN TO THE PETITIONER), WORKING AS DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM

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R1 & 2 BY GOVERNMENT PLEADER SRI.MOHAMMED SHAH

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

COC.NO.1333/2009

APPENDIX

PETITIONER'S ANNEXURES:

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ANNEX A1 ANNEXC A2	COPY OF THE JUDGMENT DATED 6/7/2009 IN WP(C)NO.6530/07 COPY OF THE COVERING LETTER DATED 3/8/2009.
ANNEX A3	COPY OF THE COMMUNICATION DATED 25/9/2009.
ANNEX A4	COPY OF THE LETTER DATED 8/9/2009
ANNEX A5	COPY OF THE LETTER DATED 22/9/2009 FORWARDING THE COPY OF THE WRIT PETITION.
ANNEX 6	COPY OF THE ORDER BI,AD.B/SPL.CELL/31449/2006/HSE DATED 5/11/2009
ANNEX 7	COPY OF THE ENVELOP IN ORIGINAL IN WHICH ANNEXURES 6 WAS SENT
ANNEX 8	COPY OF THE ENVELOPS IN ORIGINAL IN WITH ORDER SIMILAR TO ANNEXURES 6 WAS SENT TO OTHER PETITIONERS.
ANNEX 9	COPY OF THE CIRCULAR NO.78941/UI/08/G.EDN DATED 28/5/2009.
ANNEX 10	COPY OF THE ORDER NO.AD.B/SPL.CELL/31449/2006/HSE DATED 24/11/2008.
ANNEX 11	COPY OF THE ORDER NO.AD.B/SPL.CELL/31449/2006/HSE DATED 19/11/2009 ISSUED TO SMT.MAYA.P.M.
ANNEX 12	COPY OF THE ORDER NO.AD.B/SPL.CELL/31449/2006/HSE DATED 19/11/2009 ISSUED TO SMT.AJITHAKUMARI.K.K.
ANNEX A	COPY OF THE ORDER DATED 5/11/2009
ANNEX B	COPY OF THE ORDER DATED 5/11/2009
ANNEX C	COPY OF THE ORDER DATED 5/11/2009
ANNEX D	COPY OF THE ORDER DATED 5/11/2009
ANNEX E	COPY OF THE ORDER DATED 5/11/2009
ANNEX F	COPY OF THE ORDER DATED 24/11/2008
ANNEX G	COPY OF THE ORDER DATED 01/2/10 OF THE HON'BLE HIGH COURT IN WP(C)NO.22833/09.
ANNEX 1	COPY OF THE LETTER DATED 15/12/2009 ALONG WITH ACKNOWLEDGMENT CARDS

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RESPONDENT'S ANNEXURES:

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R2-A COPY OF THE DESPATCH REGISTER.

/TRUE COPY/

P.S.TO.JUDGE

sts

S. Siri Jagan, J.

=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=

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Cont. Case (C) No. 1333 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 30^th day of January, 2012.

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The petitioners complain of non-compliance with the directions in Annexure A1 judgment. Admittedly, Annexure A1 judgment is pending in appeal before the Division Bench. That being so, this contempt case is closed without prejudice to the right of the petitioners to file a petition to restore the contempt case, if necessary, after the disposal of the writ appeal.

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Sd/- S. Siri Jagan, Judge.

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Tds/

Alphonsa Engratida P.J.& Others v. James Varghese and Another

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Alphonsa Engratida P.J.& Others v. James Varghese and Another

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