Dismissed

V.Gopalan v. K.Murali

Kerala HC19 Feb 2018Con.Case(C)/306/2018

Case brief

AI extract

What is this about?

In this contempt case, the petitioner alleged that the respondents violated a prior interim stay order by appointing an Executive Officer. The court held that the stay order expressly restricted non-hereditary trustees and did not interdict the Executive Officer appointment. No willful disobedience was found.

What did the court decide?

The contempt case is disposed of as the respondents did not commit willful disobedience of the prior interim order.

V.Gopalan Vs K.Murali — Constitutional and Fundamental Rights | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC &

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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MONDAY, THE 19TH DAY OF FEBRUARY 2018 / 30TH MAGHA, 1939

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Con.Case(C).No. 306 of 2018 IN WPC. 34594/2016

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AGAINST THE INTERIM ORDER IN WP(C) 34594/2016 of HIGH COURT OF KERALA DATED 28-10-2016

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PETITIONER(S)/PETITIONER

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V.GOPALAN S/O.V.NARAYANA GOWDER, VAZHAKANDY HOUSE, PANAMARAM, WAYANAD DIST.

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BY ADV.SRI.M.P.ASHOK KUMAR

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RESPONDENT(S)/RESPONDENT:

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1. K.MURALI

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AGED 52, FATHERS NAME NOT KNOWN TO THE PETITIONER,

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SECRETARY, MALABAR DEVASWOM BOARD,

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KOZHIKODE

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2. C.BEENA

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AGED 51, HUSBANDS NAME NOT KNOWN TO THE PETITIONER,

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THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD,

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THALASSERY, KANOOR DISTRICT

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BY SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM BOARD

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).No. 306 of 2018 IN WPC. 34594/2016

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APPENDIX

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PETITIONER'S ANNEXURES

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A1: THE PHOTOCOPY OF THE INTERIM ORDER DATED 28.10.2016 BY THE HON'BLE HIGH COURT OF KERALA

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A2: PHOTOCOPY OF THE ORDER NO.A1-4837/2012/17/M.D.B.D DATED 8.12.2017 BY THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD.

//TRUE COPY//

P A TO JUDGE

JJJ

ANTONY DOMINIC, C.J. &

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DAMA SESHADRI NAIDU, J.

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Contempt Case (Civil) No. 306 of 2018 (S) -----------------------------------------Dated: 19^th February, 2018

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J U D G M E N T

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Antony Dominic, C.J.

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The allegation in the petition is that by appointing Executive Officer in Murikkanmar temple, the respondents have violated Annexure A1 order passed by this Court in W.P.(C) No.34594 of 2016.

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We heard the Counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

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We find that by Annexure A1, this Court has passed an interim order of stay of further proceedings on the strength of Exts.P1 and P2, which are the photocopies of the letter and notice issued by the 2^nd respondent. On the pleadings we find that the effect of Annexure A1 is stay of appointment of non hereditary trustees. However, Annexure A2 is an order appointing Executive Officer and

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COC No. 306/2018

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-2-

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the contention now raised is that the interdiction by Annexure A1 order would extend to the appointment to the post of Executive Officer also.

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Since Annexure A1 order does not, in express terms, contain an interdiction as canvassed by the learned Counsel for the petitioner, we are unable to see any willful disobedience on the part of the respondents in issuing Annexure A2. According to us, in such a situation, it is for the petitioner to move the learned Single Judge himself and obtain appropriate clarification in the matter.

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The contempt case is disposed of accordingly.

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Sd/ANTONY DOMINIC, CHIEF JUSTICE.

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Sd/DAMA SESHADRI NAIDU, JUDGE.

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jjj 19 /02/2018

V.Gopalan v. K.Murali

Case brief

What is this about?

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V.Gopalan v. K.Murali

Case brief

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