Disposed

Anees Muhammed.P.a. v. Valsamma Karunakaran

Kerala HC11 Nov 2013Con.Case(C)/681/2013

Case brief

AI extract

What is this about?

, This contempt case regarding alleged failure to cure defects in a medical college was closed by the Court. The judge held that the issue of curing defects must be considered within the writ petition, rendering the contempt matter unnecessary pending the finalization of that petition.

What did the court decide?

, The contempt matter was closed based on documents produced, without prejudice to the petitioner's rights in the writ petition.

Anees Muhammed.P.a. Vs Valsamma Karunakaran — Contempt of Court | Kerala HC (2013)

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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 P.R.RAMACHANDRA MENON

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MONDAY, THE 11TH DAY OF NOVEMBER 2013/20TH KARTHIKA, 1935

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Con.Case(C).No. 681 of 2013 (S)

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----------------------------------------------------(AGAINST THE ORDER IN WP(C).NO. 30081/2012 DATED 28-02-2013)

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PETITIONER/2ND PETITIONER IN WP(C):

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ANEES MUHAMMED.P.A., AGED 23 YEARS, S/O.ABDUL KALAM, PUTHEN VEEDU, CANAL WARD, ALAPPUZHA, PIN-688 007.

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BY ADV. DR.K.P.PRADEEP

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RESPONDENT(S)/RESPONDENTS 3 AND 4 IN WP(C):

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1. VALSAMMA KARUNAKARAN,AGED ABOUT 50 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER,

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REGISTRAR,THE MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS.P.O, KOTTAYAM, PIN-686 560.

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2. REGI RAM, AGED 45 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER,

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DIRECTOR,UNIVERSITY COLLEGE OF MEDICAL EDUCATION, FORMERLY SCHOOL OF MEDICAL EDUCATION, ARPOOKARA, GANDHI NAGAR.P.O, KOTTAYAM-686 008.

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BY DR.P.LEELAKSRISHNAN,SC, M.G. UNIVERSITY

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SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

COC.NO.681/2013

APPENDIX

PETITIONER'S ANNEXURES:

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ANNEX A A CERTIFIED COPY OF THE ORDER DATED 28/2/2013 IN WP(C) NO.30081 OF 2012.

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RESPONDENT'S ANNEXURES:

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ANNEX R1(A) TRUE COPY OF THE LETTER NO.MC3-81917/96/DHS DATED 10/09/1996 GIVING PERMISSION FOR CLINICAL TRAINING OF BSC. MART STUDENTS OF UCME (FORMERLY SME) AT GENERAL HOSPITAL, ERNAKULAM

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ANNEX R1(B) TRUE COPY OF THE LETTER NO.1765/1/10/SF III DATED 27/03/2013 COMMUNICATING THE REMEDIAL MEASURES TAKEN TO RECTIFY THE DEFECTS NOTED IN THE INSPECTION REPORT TO THE GOVERNMENT

/TRUE COPY/

P.A.TO.JUDGE

sts

P.R. RAMACHANDRA MENON J.

JUDGMENT

This contempt matter has arisen from Annexure A interim order dated 28.02.2013, directing the respondents to cure the defects pointed out in Exts. P9, P10 and P11 produced along with the writ petition.

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The version of the petitioner is that there is contumacious act on the part of the respondents, in so far as the defects have not been cured, which is sought to be rebutted by the respondents, producing copy of the relevant proceedings as Ext. R1 (b).

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On going through the contents of Annexure R1 (b) dated 27.03.2013, the various defects pointed out have been dealt with and the course to be pursed is also stated therein. The further cause of action has to be considered, with reference to the pleadings and prayers raised in the writ petition. As such, this Court finds that the writ petition itself has to be finalized before proceeding with further steps. In the said circumstances, there is no point in keeping the

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Cont. Case No. 681 of 2013 in W.P.(C) No. 30081 of 2013.

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: 2 :

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contempt matter pending any further. It is closed accordingly, based on the contents of the affidavit and documents produced, without prejudice to the rights and liberties of the petitioner to pursue the writ petition.

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Sd/-

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P. R. RAMACHANDRA MENON, (JUDGE)

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kmd

Anees Muhammed.P.a. v. Valsamma Karunakaran

Case brief

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Anees Muhammed.P.a. v. Valsamma Karunakaran

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