This is a contempt proceedings case where the petitioner alleged disobedience of an interim order. The court accepted a production memo showing a subsequent stay order on the impugned interim order, providing a valid ground to close the case without further proceedings.
Contempt proceedings closed with liberty to file an application afresh later.
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.N.RAVINDRAN THURSDAY, THE 12TH DAY OF SEPTEMBER 2013/21ST BHADRA, 1935
Con.Case(C).No. 1052 of 2013 (S) IN WP(C).7378/2010 -------------------------------
AGAINST THE ORDER/JUDGMENT IN WP(C) 7378/2010 of HIGH COURT OF KERALA DATED 21-03-2013
PETITIONER(S):
| 1. |
O.UNNIKRISHNAN NAMBISAN, AGED 49 YEARS S/O.SANKARAN NAMBISAN, KAZHAKAM, ORANADAM SIVA TEMPLE ERNAD TALUK, MALAPPURAM DISTRICT. |
|---|---|
| 2. 3. |
PADMAKUMAR P., AGED 50 YEARS S/O.KRISHNA WARRIAR, KAZHAKAM, PAINKULANGARA TEMPLE NILAMBUR TALUK, MALAPPURAM DISTRICT. P.RAJAN EMBRANTHIRI, AGED 51 YEARS S/O.NARAYANAN EMBRANTHIRI, SANTHI KUTTIYIL AYYAPPA TEMPLE, NILAMBUR TALUK MALAPPURAM DISTRICT. |
| 4. |
K.KESAVAN EMBRANTHIRI, AGED 47 YEARS S/O.KESAVAN EMBRANTHIRI, SANTHI VELLAMPATTA AYYAPPA TEMPLE, NILAMBUR TALUK MALAPPURAM DISTRICT. |
| 5. |
K.THRIVIKRAMAN EMBRANTHIRI, AGED 51 YEARS S/O.KESAVAN EMBRANTHIRI, SANTHI, PAINKULANGARA TEMPLE NILAMBUR TALUK, MALAPPURAM DISTRICT. |
| 6. |
P.NARAYANAN EMBRANTHIRI, AGED 60 YEARS S/O.SUBRAMANIAN EMBRANTHIRI, SANTHI MELEMADHOM AYYAPPA TEMPLE, NILAMBUR TALUK MALAPPURAM DISTRICT. |
| 7. |
M.MURALEEDHARAN EMBRANTHIRI, AGED 44 YEARS S/O.K.M.NARAYANAN EMBRANTHIRI, SANTHI POOTHROTTU TEMPLE, ERNAD TALUK, MALAPPURAM DISTRICT. |
| BY AD | V. SRI.R.RAJESH KORMATH |
| RESPONDENT(S) ------------- |
: --------------- |
| 1. 2. |
T.J.MATHEW, SECRETARY TO REVENUE (DEVASWOM) DEPARTMENT GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695 001. E.K.BHARATH BHUSHAN, CHIEF SECRETARY TO THE GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN-695 001. |
Con.Case(C).No. 1052 of 2013
2
FORMER COMMISSIONER, MALABAR DEVASWOM BOARD
R3 & 4 BY ADV.SRI.V.KRISHNA MENON,SC, MALABAR DEVASWOM BOARD R1 & 2 BY GOVERNMENT PLEADERSRI.P.V.ELIAS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 12-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.N.RAVINDRAN, J.
Cont.Case(C).No.1052 of 2013
Dated this the 12th day of September, 2013
JUDGMENT
This Contempt Case is filed alleging that the respondents herein have willfully disobeyed Annexure I interim order passed by this Court on 21.3.2013 in W.P.(C)No.7378 of 2010. The learned standing counsel appearing for the Malabar Devaswom Board has filed a memo dated 11.9.2013 and produced along with it a copy of an order of stay passed by the Division Bench of this Court on 6.9.2013 in W.A.No.1362 of 2013 staying the operation of Annexure I interim order dated 21.3.2013 in W.P.(C)No.7378 of 2010. Such being the situation, I find no grounds to proceed further with this Contempt Case. It is accordingly closed reserving liberty with the petitioner to move this Court afresh later, if occasion arises.
P.N.RAVINDRAN, Judge.
ahg.
P.N.RAVINDRAN, J.
C.O.C.No.1057 of 2013
JUDGMENT
12th September, 2013
2 issues framed by the court
Whether the court should proceed with contempt proceedings where an interim order has been stayed by a higher bench.
Whether to close the contempt case reserving liberty to file a fresh application later.
O. Unnikrishnan Nambisan and others
T.J. Mathew and others
P.N. Ravindran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
