Santhosh.M v. Bharathan
Case brief
What is this about?
In this contempt petition, petitioners challenged the non-compliance of a High Court judgment by the local body Secretary. The court found the delay excusable, accepted the respondent's apology, and closed the contempt case while preserving the right to challenge the merits of the final orders.
What did the court decide?
Apology tendered by the respondent accepted; contempt of court case closed with liberty to challenge orders.
What the court decided
A compact analysis
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 MR. JUSTICE SHAJI P.CHALY
TUESDAY ,THE 19TH DAY OF FEBRUARY 2019 / 30TH MAGHA, 1940
Con.Case(C).No. 61 of 2019 IN WP(C). 26923/2018
AGAINST THE JUDGMENT IN WP(C) 26923/2018 of HIGH COURT
PETITIONER/S:
1 SANTHOSH. M., AGED 37 YEARS, S/O. NEELAKANDAN MOOSATH, MANGALATH ILLAM, BUSINESS, HIGH SCHOOL ROAD, KARALMANNA P.O., CHERPULASSERY MUNICIPALITY, OTTAPALAM TALUK, PALAKAKD DISTRICT, PIN-679 506.
2 KESAVANUNNI. M., AGED 39 YEARS, S/O. NEELAKANDAN MOOSATH, MANGALATH ILLAM, BUSINESS, HIGH SCHOOL ROAD, KARALMANNA P.O., CHERPULASSERY MUNICIPALITY, OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN-679 506.
BY ADVS. SRI.M.P.RAMNATH SEI.M.VARGHESE VARGHESE SMT.S.SANDHYA SRI.ANTONY THARIAN SRI.BEPIN PAUL SRI.P.RAJESH (KOTTAKKAL) SRI.S.DEEPAK SRI.SHALU VARGHESE
Issues for consideration
3 issues framed by the court
Whether the respondent's delay in complying with the High Court's judgment amounts to wilful disobedience attracting contempt of court.
Whether the apology tendered by the respondent for the delay in complying with the court directions should be accepted.
Whether a contempt petition can be closed when the delay was excusable and not deliberate.
Parties & counsel
- petitioner
Santhosh. M.
- petitioner
Kesavanunni. M.
- respondent
Sri. Bharathan
Coram
Case details
As recorded by the court registry
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