Court considered a contempt application alleging non-compliance of an interim order in W.P.(C) No.5497 of 2016. Finding insufficient material to initiate proceedings, the court closed the contempt case on admission.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937 Con.Case(C).No. 314 of 2016 () IN WP(C).5497/2016
--------------------------------------------------AGAINST THE NON-COMPLIANCE OF THE ORDER IN WP(C) 5497/2016 DATED 12.2.2016
PETITIONER(S)/PETITIONERS IN WP(C) 5497/2016 :-
1. T.S. ABDUL KHADER, AGED 55 YEARS, THARUVAKODE HOUSE, MANKURUSSI, MANKARA, PALAKKAD.
2. SHAJI SALIM, AGED 46, PALATHINGAL HOUSE, PERUMBAVOOR P.O., ERNAKULAM DISTRICT, PIN - 683 542.
BY ADVS.SRI.C.C.THOMAS (SR.) SRI.PRAVEEN K. JOY SRI.T.A.JOY
RESPONDENT(S)/RESPONDENTS 1 TO 6 IN WP(C) 5497/2016 :-
1. SHAJIMON.B., AGED 29 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER THE SUB INSPECTOR OF POLICE, VADAKKENCHERRY POLICE STATION, PIN - 678 001.
2. S.P.SUDHEERAN, AGED 37 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER THE CIRCLE INSPECTOR OF POLICE, VADAKKENCHERRY POLICE STATION, PIN - 678 001.
3. C.K.RAMACHANDRAN, AGED 50 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER THE DEPUTY SUPERINTENDENT OF POLICE, ALATHUR, PALAKKAD DISTRICT - 678 001.
4. DIPESH KUMAR BEHRA IPS, AGED 45 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER THE SUPERINTENDENT OF POLICE, PALAKKAD - 678 001.
Con.Case(C).No. 314 of 2016
5. MR.SENKUMAR IPS, AGED ABOUT 53 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEADQUARTERS, TRIVANDRUM - 695 001.
6. MRS.NALINI NETTO IAS, AGED ABOUT 55 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER SECRETARY, HOME DEPARTMENT, STATE OF KERALA, SECRETARIAT, TRIVANDRUM - 695 001.
BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
COC. No.314 OF 2016
APPENDIX
PETITIONER'S EXHIBITS :-
ANNEXURE-1 :- THE CERTIFIED COPY OF THE ORDER DATED 12.2.2016 IN WPC 5497/2016 OF THIS HONOURABLE COURT.
ANNEXURE-2 :- TRUE PHOTOCOPY OF THE RECEIPT OF THE 1ST RESPONDENT DATED 16.2.2016 WITH TRANSLATION.
ANNEXURE-3 :- TRUE PHOTOCOPY OF THE LETTER ISSUED TO RESPONDENTS 1 TO 6 DATED 18.2.2016.
RESPONDENT'S EXHIBITS :-
//TRUE COPY//
P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
COC No.314 of 2016
Dated this the 2nd day of March 2016
J U D G M E N T
Ashok Bhushan, CJ.
This contempt case has been filed alleging non-compliance of the directions issued by this Court in the interim order dated 12.2.2016 in W.P.(C) No.5497 of 2016. The said order reads as under :-
“Issue notice to respondents 7 to 15 by Special Messenger. Learned Government Pleader appears for respondents 1 to 6.
In the meantime, police authorities shall maintain law and order.”
Learned counsel for the petitioners submits that in spite of the order of this Court, petitioners have not been permitted to enter into the unit.
had only directed to maintain law and order and after passing the interim order, no complaint has been received so as to attract any allegation of violation of the interim order. It is submitted that even the complaint, which has been filed as Annexure-3, does not refer to any incident after passing the interim order.
COC No.314 of 2016
-: 2 :-
We are of the view that there are no materials in the
contempt application to initiate contempt proceedings.
Accordingly, the contempt case is closed.
Sd/ASHOK BHUSHAN
A.M. SHAFFIQUE
Jvt/2.3.2016
T.S. Abdul Khader
Shaji Salim
Shajimon.B.
S.P. Sudheeran
C.K. Ramachandran
Dipesh Kumar Behra
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
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