In this contempt proceeding, the High Court of Kerala examined an allegation of disobedience by the Secretary, Home Department regarding a direction to maintain law and order. The court found no material to initiate action.
The contempt case was closed and no action was initiated under the Contempt of Court Act.
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 THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 7TH DAY OF AUGUST 2014/16TH SRAVANA, 1936
Con.Case(C).No. 790 of 2014 (S)
AGAINST THE JUDGMENT IN WP(C).NO.2510/2013 DATED 08-02-2013.
PETITIONER/PETITIONER:
RAJAN, AGED 53 YEARS, S/O.ABDUL KHADER, KOLLANTENTH HOUSE, NEDUMBASSERY, MEKKAD KARA, NEDUMBASSERY, ERNAKULAM.
BY ADV. SRI.T.G.GOPINATHAN.
RESPONDENT/CONTEMNOR/R1:
NIVEDITHA P. HARAN, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY SPL. GOVT. PLEADER SMT.GIRIJA GOPAL.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
Con.Case(C).No. 790 of 2014 (S)
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT OF THE HON'BLE COURT IN WP(C).NO. 18888 OF 2011 (I).
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT OF THE HON'BLE COURT IN WP(C).NO.2510 OF 2013 (V) DATED 08/02/2013. ANNEXURE A3 COPY OF THE FIRST INFORMATION REPORT DATED 26/05/2014 .
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.
JUDGMENT
Ashok Bhushan, Ag.C.J.
Heard learned counsel for the applicant and learned Government Pleader.
“We take note of Ext.P1 judgment and the stand taken by this Court as also the direction given to the 1st respondent to keep close vigil on the area to ensure that no law and order situation arises between petitioners and respondents. Except one respondent, all the respondents in Ext.P1 judgment and this writ petition are the same. Having regard to the circumstances, we do not see any reason why we should entertain this writ petition. The writ petition is closed without prejudice to all remedies flowing from Ext.P1 judgment.”
Contempt Case (Civil) No.790 OF 2014
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No.18888 of 2011. However, a direction was issued to the Sub Inspector of Police concerned to keep close vigil on the area where the petitioner and respondents 4 to 11 are residing and ensure that no law and order situation arises between the parties. No such directions have been issued by the judgment dated 08.02.2013 of which any willful contempt can be allowed. We do not find any material in the present petition so as to initiate any action under the Contempt of Court Act. Learned counsel for the applicant submitted that he has been evicted from the place in which the incident took place. It is always open to the applicant to take appropriate action in that regard which is permitted under law.
With the above observations, the Contempt Case is
closed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/07/08
Contempt Case (Civil) No.790 OF 2014
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1 issue framed by the court
Whether there was willful disobedience of the judgment dated 08.02.2013 warranting contempt proceedings against the Secretary, Home Department.
Rajan
Niveditha P. Haran
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
