In this contempt case, the High Court of Kerala dropped the proceedings due to a direction to the petitioner to rejoin duty, resulting in the closure of the case.
Contempt proceedings dropped; case closed.
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 HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 18TH DAY OF JULY 2013/27TH ASHADHA, 1935
Con.Case(C).No. 216 of 2012 (S)
AGAINST THE JUDGMENT IN Con.Case(C) 1084/2011 of HIGH COURT OF KERALA DATED 20-10-2011.
PETITIONER(S):PETITIONER
K.P. PRASANTH KUMAR ., S/O. LATE ACHUTHA PRAKASAN, ACHU DEVI KRIPA, POKKUNNI VADAVANNUR.P.O, PALAKKAD DISTRICT.
BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P
RESPONDENT(S):CONTEMNOR
SMT. ANNAMMA GEORGE, MANAGER, POLACHIRAKAL HIGH SCHOOL, PADAGIRI.P.O, NELLIAMPATHI PALAKKAD DISTRICT - 678 511. RESIDING AT KANIYAROLIL HOUSE MALLAPPILLY WEST.P.O, PATHANAMTHITTA DISTRICT.
R1 BY ADV. SRI.U.BALAGANGADHARAN BY SPL.GOVERNMENT PLEADER SMT.GIRIJA GOPAL
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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COC. NO.216/2012
APPENDIX
PETITIONER'S ANNEXURES
A:- COPY OF THE LETTER DTD. 25.7.08 SENT BY THE DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM.
B:- COPY OF THE COMMUNICATION DTD. 16.10.2008 SENT BY THE RESPONDENT TO SMT. K.P.INDIRA.
C:- COPY OF THE ORDER DTD. 5.12.2008 PASSED BY THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.
D:- COPY OF THE JUDGMENT DTD. 5.3.2010 PASSED BY IN WP(C) 28108/09 ON THE FILE OF THIS HON'BLE COURT.
E:- COPY OF THE ORDER DTD. 30.3.2010 PASSED BY RP. 302/2010 IN WP(C) 28108/2009 ON THE FILE OF THIS HON'BLE COURT.
F:- COPY OF THE JUDGMENT DTD. 30.6.2010 PASSED BY IN WA.938/2010 ON THE FILE OF THIS HON'BLE COURT.
G:- COPY OF THE ORDER DTD. 7.4.2011 PASSED IN CONT.CASE(C) 1440/2010 ON THE FILE OF THIS HON'BLE COURT.
H:- COPY OF THE APPOINTMENT ORDER DTD. 1.6.2011 ISSUED TO THE PETITIONER.
I:- COPY OF THE CERTIFICATE OF HEALTH DTRD. 23.5.2011 ISSUED IN THE NAME OF THE PETITIONER.
J:- COPY OF THE CONDUCT CERTIFICATE DTD. 24.5.2011 ISSUED IN THE NAME OF THE PETITIONER.
K:- COPY OF THE DECLARATION DTD. 1.6.2011 SUBMITTED BY THE PETITIONER.
L:- COPY OF THE CERTIFICATE DTD. 23.5.2011 ISSUED BY THE VILLAGE OFFICER, VADAVANNUR.
M:- COPY OF THE ORDER DTD. 5.7.2011 PASSED IN IA. 38962011 IN WA.983/2010 ON THE FILE OF THIS HON'BLE COURT.
N:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR THE PURPOSE OF APPOINTMENT.
O:- COPY OF THE JOINING PAPER DTD. 1.6.2011.
P:- COPY OF THE ORDER DTD. 25.6.2011 SERVED ON THE PETITIONER.
Q:- COPY OF THE COMMUNICATION DTD. 28.6.2011 SENT BY THE HEADMISTRESS TO THE PETITIONER.
R:-COPY OF THE EXPLANATION DT.D 7.7.2011 SUBMITTED BEFORE THE RESPONDENT BY THE PETITIONER.
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COC. NO.216/2012
S:- COPY OF THE EXPLANATION DTD. 11.7.2011 SUBMITTED BEFORE THE RESPONDENT BY THE PETITIONER.
T:- COPY OF THE ORDER NO.8/2011/CA/PHS DTD.14.7.2011 PASSED BY THE RESPONDENT.
U:- COPY OF THE NOTICE DTD. 15.6.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER.
V:- COPY OF GO(P) 12/99/P&ARD DTD.24.5.1999.
W:- COPY OF THE JUDGMENT DTD 20.10.2011 PASSED BY IN CONT.CASE 1084//2011 ON THE FILE OF THIS HON'BLE COURT.
X:- COPY OF THE LETTER DTD. 31.1.2011 PRESENTED BY THE PETITIONER BEFORE THE RESPONDENT.
Y:- COPY OF THE APPOINTMENMT ORDER DT.D 1.6.2013 SENT OVER TO THE PETITIONER.
Z:- COPY OF THE LETTER DTD.25.3.2013 SENT TO THE RESPONDENT.
Z(1)COPY OF THE POSTAL RECEIPT ISSUED ON SENDING ANNEXURE - Z LETTER.
RESPONDENT'S ANNEXURES
R1(a):- COPY OF THE APPOINTMENT ORDER ISSUED TO THE MOTHER OF THE PETITIONER DTD. 1.7.2013.
R1(b):-COPY OF THE APPOINTMENT ORDER ISSUED TO THE MOTHER OF THE PETITIONER DTD. 20.1.2004.
R1(c):- COPY OF THE APPOINTMENT ORDER ISSUED TO THE MOTHER OF THE PETITIONER DTD 16.10.2008.
R1(d):- COPY OF THE APPLICATION FOR APPOINTMENMT SUBMITTED BY THE PETITIONER DTD. 18.3.2011.
VIDE MEMO DTD. 26/06/2013
A:- COPY OF THE LETTER DTD. 23.5.2013 WITH PROOF OF ACKNOWLEDGEMENT.
B:- COPY OF THE ACKNOWLEDGEMENT RECEIVED FROM THE RESPONDENT.
C:- COPY OF LETTER OF RELINQUISHMENT DTD 5.6.2013.
TRUE COPY
P.A. TO JUDGE
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MANJULA CHELLUR, C.J. & K. VINOD CHANDRAN, J.
Cont. Case (Civil) No.216 of 2012
Dated this the 18th day of July, 2013
Judgment
Manjula Chellur, C.J.
According to the complainant, as per letter dated 9.7.2013 the complainant was directed to rejoin duty as Full Time Menial after producing documents referred to serial numbers 1 to 8 in the letter. In the light of the direction to allow the complainant to rejoin duty, we find no good ground to keep the matter pending. The contempt proceedings are dropped. Accordingly, the Contempt Case is closed.
MANJULA CHELLUR, CHIEF JUSTICE.
K. VINOD CHANDRAN, JUDGE.
srd
K.P. Prasanth Kumar
Smt. Annamma George
Dr. Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
