Dismissed

M.a.Jose v. K.v.Shaji

Kerala HC5 Dec 2016Con.Case(C)/1800/2016

Case brief

AI extract

What is this about?

In a contempt case arising from a writ petition where the appeal was pending before the Division Bench, the single judge held that the contempt proceedings would stand closed, preserving liberty to approach the Division Bench. The court deemed it improper for the single judge to adjudicate while the appeal was subjudice.

What did the court decide?

The contempt case was closed with liberty to the petitioner to approach the Division Bench.

M.a.Jose Vs K.v.Shaji — Contempt of Court | Kerala HC (2016)

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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 K.VINOD CHANDRAN

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MONDAY, THE 5TH DAY OF DECEMBER 2016/14TH AGRAHAYANA, 1938

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Con.Case(C).No. 1800 of 2016 (S)

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WP(C) 31925/2015, DATED 17/6/2016

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PETITIONER(S)/PETITIONER :

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M.A.JOSE, AGED 59 YEARS, S/O. AUGUSTY, MALOTH HOUSE, KUZHIKKADU, AMBALAMEDU P.O., ERNAKULAM DISTRICT-682 303.

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BY ADV. SRI.SAJI VARGHESE KAKKATTUMATTATHIL

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RESPONDENT(S)/RESPONDENTS 2, 5 & 6 IN THE WPC :

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1. K.V.SHAJI, FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED ABOUT 48 YEARS, FORMER SECRETARY, VADAVUKODE PUTHENCRUZ GRAMA PANCHAYATH, PRESENTLY WORKING AS THE SECRETARY OF KUNNUKARA GRAMA PANCHAYATH, CHENGAMANADU, ALUVA, KUNNUKARA P.O., PIN-683 578.

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2. IYPE MATHAI, S/O. IYPE, PARAMBIKUZHI HOUSE, AMBALAMEDU P.O., ERNAKULAM DISTRICT-682 303.

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3. JOSE, AGED 51, S/O. MATHAI, PARAMBIKUZHI HOUSE, AMBALAMEDU P.O., ERNAKULAM DISTRICT-682 303.

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R1 BY ADV. SRI.BABU CHERUKARA R2-R3 BY ADVS. SRI.DINESH R.SHENOY KUM.T.S.SAUMYA SRI.MATHEWS K.PHILIP

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 05-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 1800 of 2016 (S)

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1 TRUE COPY OF THE COMMON JUDGMENT DATED 17/6/16 IN WPC.31925/15 ANNEXURE A2 TRUE COPY OF THE REPORT OF THE SECRETARY OF THE ERNAKULAM DISTRICT LEGAL SERVICES AUTHORITY ANNEXURE A3 THE PHOTOGRAPHS EVIDENCING FUNCTIONING OF TEA SHOP IN THE BUILDING OF RESPONDENTS 1 AND 2 ANNEXURE A4 TRUE COPY OF THE ORDER OF THE DIVISION BENCH IN WA.1316/16 AND CONNECTED CASES.

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RESPONDENT(S)' ANNEXURES

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NIL. / TRUE COPY / P.S. TO JUDGE

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K. VINOD CHANDRAN, J.

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===================== Contempt of Court Case No.1800 of 2016 in W.P.(C) No.31925 of 2015

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================================= Dated this the 05^th day of December, 2016

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J U D G M E N T

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The judgment, based on which the contempt case is

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filed is pending in appeal before the Division Bench. It is also admitted that the Division Bench has passed an interim order to ensure that the directions in the judgment are complied with. There was also a modification of the order passed in the appeal. In such circumstance, if at all a contempt is made out from the orders, the petitioner would have to approach the Division Bench. An appeal is now pending before the Division Bench, it may not be proper for this Court to take up the contempt case.

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Contempt of Court Case No.1800 of 2016

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The contempt of court case hence would stand

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closed, leaving open liberty to the petitioner.

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Sd/-

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K. VINOD CHANDRAN, JUDGE

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SB/05 /12/2016

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// true copy //

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P.A to Judge

M.a.Jose v. K.v.Shaji

Case brief

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M.a.Jose v. K.v.Shaji

Case brief

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