Dismissed

Kerala Karshaka Samrakshana Association v. Dr. Suresh Babu, IAS

Kerala HC27 Feb 2018Con.Case(C)/269/2018

Case brief

AI extract

What is this about?

The court held that since the time period in the underlying judgment was extended by three months, the contempt case filed for non-compliance lacked legal sustenance and was closed with liberty to the petitioner to resurrect the matter later.

What did the court decide?

Contempt case closed; liberty granted to petitioner to resurrect the matter if the situation warrants.

Kerala Karshaka Samrakshana Association Vs Dr. Suresh Babu… — Contempt of Court | Kerala HC (2018)

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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 SHAJI P.CHALY

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TUESDAY, THE 27TH DAY OF FEBRUARY 2018 / 8TH PHALGUNA, 1939

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Con.Case(C).No. 269 of 2018 ---------------------------AGAINST THE JUDGMENT IN WP(C) 6318/2016 DATED 08-12-2016 -------------

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PETITIONER/PETITIONER:

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KERALA KARSHAKA SAMRAKSHANA ASSOCIATION, REPRESENTED BY ITS CHAIRMAN, N.K.SIVARAMAN, REG.NO.PKD/CA/262/2012, KAVASSERY POST, ALATHUR TALUK, PALAKKAD-678 543, MOB: 9847816442.

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BY ADV.SRI.P.BABU KUMAR

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RESPONDENT(S)/RESPONDENTS:

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1. DR. SURESH BABU, I.A.S., AGED ABOUT 52 YEARS, FATHER'S NAME IS NOT KNOWN TO THE PETITIONER, NOW WORKING AS DISTRICT COLLECTOR, COLLECTORATE, PALAKKAD-678 001.

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2. C.SASIKUMAR, AGED ABOUT 52 YEARS, FATHER'S NAME IS NOT KNOWN TO THE PETITIONER, DIVISIONAL FOREST OFFICER, DIVISIONAL FOREST OFFICE, NENMARA P.O., PALAKKAD-678 508. 3. SUMATHY, AGED ABOUT 48 YEARS, FATHER'S NAME IS NOT KNOWN TO THE PETITIONER, SPECIAL TAHSILDAR, CHARGE OF THE AUTHORISED OFFICER, LAND TRIBUNAL, MINI CIVIL STATION, OTTAPALAM P.O., PALAKKAD-679 101. 4. SUNIL MATHES, AGED ABOUT 54 YEARS, FATHER'S NAME IS NOT KNOWN TO THE PETITIONER, THE ADDL.TAHSILDAR, TALUK OFFICE, ALATHUR P.O., PALAKKAD-678 543. 5. SUNIL JOSEPH, AGED ABOUT 50 YEARS, FATHER'S NAME IS NOT KNOWN TO THE PETITIONER, DIRECTOR, FOREST MINI SURVEY, MANTHOTTAM, ARAKKINAR P.O., KOZHIKODE-673 028.

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BY GOVERNMENT PLEADER SRI MOHAMMED ANZAR.K.J

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 27-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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Con.Case(C).No. 269 of 2018

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APPENDIX

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PETITIONERS ANNEXURES:

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A1: CERTIFIED COPY OF THE JUDGMENT IN WPC NO.6318/2016 DATED 8/12/2016 OF THE HON'BLE HIGH COURT OF KERALA.

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A2: TRUE COPY OF THE NOTICE DATED 18.12.2017.

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A3: TRUE COPY OF THE LETTER DATED 3.1.2018.

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RESPONDENTS ANNEXURES: NIL

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/TRUE COPY/ K.V. P.S.TO JUDGE 8.03.2018

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SHAJI P. CHALY, J.

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Cont. of Court Case (C). No. 269 OF 2018

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Dated this the 27^th day of February, 2018

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JUDGMENT

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This contempt case is filed by the petitioner complaining that the direction contained in the judgment in W.P.(C). No. 6318/2016 dated 08.12.2016 is not complied with by the respondents. However, fact remains, as sought for by the respondents, the time period provided in the judgment is extended by a period of three months from 31.01.2018. Therefore, since the time is extended, the contempt of court case cannot have any legal sustenance at this point of time.

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The contempt of court case is closed, however leaving open the liberty of the petitioner to resurrect the same, if situation warrants.

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sd/- SHAJI P. CHALY JUDGE

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DCS

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//True Copy//

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P.A. to Judge

Kerala Karshaka Samrakshana Association v. Dr. Suresh Babu, IAS

Case brief

What is this about?

What did the court decide?

Kerala Karshaka Samrakshana Association v. Dr. Suresh Babu, IAS

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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