Petitioner challenged an order dismissing his writ petition via a contempt petition. Court found that directions given were fully complied with by the respondent through reports and letters produced, as annexures demonstrated effective steps were taken.
Entirely dismissing the Contempt of Court Case with no further proceedings warranted.
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 HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 7TH DAY OF MARCH 2012/17TH PHALGUNA 1933
Con.Case(C).No. 544 of 2011 (S)
AGAINST THE ORDER/JUDGMENT IN WPC.4237/2011 DATED 21-02-2011
PETITIONER/PETITIONER IN THE WRIT PETITION:
P.M.HASSANKUTTY, AGED 55 YEARS, S/O.MEERAN RAWTHER, PARAPPIL HOUSE, P.O.KUMMANAM KOTTAYAM DISTRICT.
BY ADV. SMT.BIMALA BABY
RESPONDENT/1ST RESPONDENT IN THE WRIT PETITION:
1 S.S.KUMAR,(AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), STATIONERY CONTROLLER OFFICE OF THE CONTROLLER OF STATIONERIES THIRUVANANTHAPURAM-695 033.
BY GOVERNMENT PLEADER SMT. K. T. LILLY
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 07-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs
COC. NO. 544/2011
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE 1:COPY OF THE JUDGMENT DATED 21/02/2011 PASSED BY THIS HONOURABLE COURT IN WPC. NO.4237/2011 (D).
RESPONDENT'S ANNEXURES:
/TRUE COPY/
P.A. TO JUDGE.
svs
P.R.RAMACHANDRA MENON,J.
= = = = = = = = = = CONT.CASE (C) NO.544 OF 2011
= = = = = = = == = = = = = Dated this the 7th day of March, 2012
J U D G M E N T
The writ petition filed by the petitioner was disposed of as per the judgment dated 21-2-2011 with the following directions.
“ In the said circumstances, the 1st respondent is directed to consider the grievance projected by the petitioner in Ext.P3 and take all remedial measures to cause entrustment of the entire waste materials covered by Ext.P1 to the petitioner, from all the concerned offices in Thrissur District. This exercise shall be pursued and finalised, as expeditiously as possible, at any rate, before the tender for the next year is finalised; simultaneously making proper arrangement to see that there is no mixing up of the materials with regard to different years”.
matter alleging willful disobedience on the part of the respondent, an affidavit has been filed by the respondent, Controller of Stationary Department Thiruvananthapuram, pointing out that the averments and allegations in the contempt petition do not keep the right track of truth. It has been specifically averred in the said affidavit that, in
CONT.CASE (C) NO.544 OF 2011 2
compliance with the directions, earnest and effective steps were taken by the respondent giving appropriate directions to all concerned, to give effect to the verdict pursuant to which, reports were obtained from the concerned authorities (respondents in the writ petition), copies of which have been produced along with additional counter affidavit dated 2-2-2012. With reference to the said pleadings and documents the learned Government Pleader submits that the directions have been fully complied with .
CONT.CASE (C) NO.544 OF 2011 3
timely steps. It is now brought on record that the said respondent has taken effective steps, which has led to the documents produced as Annexures R1(a) to R1(k).
P.R.RAMACHANDRA MENON . JUDGE
smm
CONT.CASE (C) NO.544 OF 2011 4
2 issues framed by the court
Whether the 1st respondent has complied with the directions given in the writ petition regarding entrustment of waste materials.
Whether the petitioner's complaint amounts to contempt of court for alleged non-compliance with prior judgment.
P.M.HASSANKUTTY
S.S.KUMAR
PRRAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
