Dismissed

Sukumaran P.K. v. Dr.N.Ambika

Kerala HC25 Jun 2012Con.Case(C)/632/2012

Case brief

AI extract

What is this about?

In a contempt proceeding under the Contempt of Courts Act, the petitioner challenged an order by a District Medical Officer for rejecting an application, alleging violation of this Court's prior judgment. The Court found the new decision did not violate its finding that the application should be considered despite pending amendments, advising the petitioner to challenge the rejection in appropriat

What did the court decide?

The contempt proceeding was closed with liberty to challenge the rejection order in appropriate proceedings.

Sukumaran P.K. Vs Dr.N.Ambika — Public Procurement and Tenders | 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 ANTONY DOMINIC

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MONDAY, THE 25TH DAY OF JUNE 2012/4TH ASHADHA 1934 Con.Case(C).No. 632 of 2012 (S) IN WPC/22420/2011 -------------------------------------------------AGAINST THE JUDGMENT IN WPC.22420/2011 DATED 1ST DECEMBER, 2011 ==============

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PETITIONER(S):

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SUKUMARAN P.K., AGED 65 YEARS S/O. KUMARAN, PUZHAKKARAYEDATHU, MUTTINAKOM VARAPPUZHA.P.O., ERNAKULAM DISTRICT.

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BY ADVS.SRI.ASWIN GOPAKUMAR SRI.PRAVEEN.H. SRI.ANWIN GOPAKUMAR SMT.KALA G.NAMBIAR SRI.K.AMAL NATH NAIK

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CONTEMNOR/RESPONDENT NO.3:

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DR.N.AMBIKA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER THE DISTRICT MEDICAL OFFICER INDIAN SYSTEMS OF MEDICINE, L.S.G.D. BUILDING THAMANAM.P.O., KOCHI-32.

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BY GOVERNMENT PLEADER SRI.MOHAMMED SHAFI

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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COC NO. 632/2012

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APPENDIX

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PETITIONER'S EXHIBITS

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ANNEXURE A	COPY OF the GOVERNMENT ORDER DATED 10.11.2008
ANNEXURE B	COPY OF THE APPLICATION DATED 28.12.2009
ANNEXURE C	COPY OF the CERTIFICATE DATED 27.04.2009 ISSUED BY THE VILLAGE OFFICER, VARAPPUZHA
ANNEXURE D	COPY OF THE CERTIFICATE DATED 05.05.2009 ISSUED BY THE PRESIDENT, VARAPPUZHA GRAMA PANCHAYAT
ANNEXURE E	COPY OF THE LETTER 30.01.2010 SENT TO THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE BY THE CONTEMNOR
ANNEXURE F	COPY OF the LETTER DATED 23.04.2010 ISSUED BY THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE, TO THE CONTEMNOR
ANNEXURE G	COPY OF THE COVERING LETTER DATED 10.05.2010 RECEIVED BY THE PETITIONER
ANNEXURE H	COPY OF THE JUDGMENT DATED 01.12.2011 PASSED BY THIS HONOURABLE COURT IN WPC NO. 22420/2011
ANNEXURE I	COPY OF THE ORDER DATED 02.02.2010 ISSUED BY THE CONTEMNOR

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RESPONDENT'S EXHIBITS

NIL

// TRUE COPY //

P.A. TO JUDGE

ANTONY DOMINIC, J

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........................................ C.O.C.632/2012

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.............................................. Dated this the 25^th day of June, 2012

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JUDGMENT

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Complaining that Annexure-I order has been issued by the respondent flouting the directions in Annexure-H judgment of this Court in W.P.(C). 22420/11, this petition has been filed under the Contempt of Courts Act.

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In the judgment in W.P.(C).22420/11, this Court directed the respondent to consider Ext.P2 application made by the petitioner, in the light of Ext.P1. That application was rejected on the ground that amendments to Ext.P1 were awaited. This Court held that the fact that the amendment is awaited to Ext.P1 can be no reason to reject Ext.P2 and directed consideration of Ext.P2.

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It is seen from Annexure-I order dated 2.2.2012

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now passed, the second respondent has rejected Ext.P2 application referred to above, on the ground

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C.O.C.632/12

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that on perusal of the documents and on interviewing the petitioner, he found the petitioner unfit to grant exemption as provided in Ext.P1 referred to above. Such a view cannot be said to be one in violation of the findings in Annexure-H and if the petitioner is aggrieved by Annexure-I, the remedy available to him is to challenge the same in appropriate proceedings.

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With that liberty, the C.O.C is closed.

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Sd/- ANTONY DOMINIC, JUDGE

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mrcs

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/true copy/ PA To Judge

Sukumaran P.K. v. Dr.N.Ambika

Case brief

What is this about?

What did the court decide?

Sukumaran P.K. v. Dr.N.Ambika

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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