This order dismissed two contempt of court cases filed against the Provisonen Fund Commission for non-compliance with earlier High Court judgments, applying the principle from a batch of cases closed the previous day.
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 A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
Con.Case(C).No.1419 OF 2020 IN WP(C). 7569/2018
AGAINST THE ORDER/JUDGMENT IN WP(C) 7569/2018(U) OF HIGH COURT OF KERALA
PETITIONERS:
1 M.D.VARGHESE AGED 61 YEARS S/O. LATE M.P DOMINIC, UAN 100400312613, SI NO. 12 MEKKATTUKULAM, 63/SNRA. EDAPALLY P.O, COCHIN 682 024.
2 PAUL RANJAN D, AGED 61 YEARS S/O. LATE S. DHARMAKAN, UAN 100270122187, SL NO. 14 28/2090 A, GRACE, THOTTUNGATHARA ROAD, KADAVANTHRA, COCHIN 682 020
3 SOBHANAKUMARI, AGED 61 YEARS D/O. K. RAGHAVAN, UAN 100358964087, SL NO. 196 SARADAS, THOPPICHANTHA, KALLOORKONAM, ALAMCODE TVM 695 102
4 BABU RAJENDRAN T.G, AGED 61 YEARS S/O. GOPALAN N, UAN 100104785149, SL NO. 218 MIG 470 PANAMPILLY NAGAR, ERNAKULAM 682 036
5 GREGORIOSE P.V, AGED 61 YEARS S/O. VARGHESE P.P, UAN 100156548123, SL NO. 230 PALATTY HOUSE, HOUSE NO. 47 MUKKANNOOR 683577
6 DHANARAJAN N, AGED 61 YEARS S/O. NARAYANA MENON P.K, UAN 100135188069, SL.NO. 237 MENOKKOOTIL HOUSE, ARROOKUTTY P.O, ALAPUZHA 688 535
Con.Case (C) Nos.1419 & 1469 of 2020
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7 SASIDHARAN D, AGED 61 YEARS S/O. P DIVAKARAN, UAN 100330043748, SL NO. 244 SILANIVAS, JOHN P KOYITHARA ROAD, KADAVANTHARA, COCHIN 682 020
8 JOY M.K, AGED 61 YEARS S/O. KUNJUVAREED M.A, UAN 100178448573, SL NO. 273 MATTATHL HOUSE, CHERUVALOOR P.O, KORATTY, TRISSUR 680 308
BY ADVS. SRI.BLAZE K.JOSE SHRI.JUDY JOSE SMT.URMILA ZACHARIA
RESPONDENTS:
1 ANDREWS PRABHU AGED 52 YEARS FATHERS NAME NOT KNOWN TO THE PETITIONER, REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, THIRUVANANTHAPURAM 695 004
2 EBIN, AGED 50 YEARS FATHERS NAME NOT KNOWN TO THE PETITIONER, ASSISTANT PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND SUB REGIONAL OFFICE, NO. 36/685 A, BHAVISHANIDHI BHAVAN, P.B NO. 1895, KALOOR, KOCHI 682 017.
BY ADV. SRI.S.PRASANTH SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH Con.Case(C).1469/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case (C) Nos.1419 & 1469 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
Con.Case(C).No.1469 OF 2020 IN WP(C). 9897/2018
AGAINST THE JUDGMENT DATED 27.02.2019 IN WP(C) 9897/2018(J) OF HIGH COURT OF KERALA
PETITIONERS:
1 THOMAS K.J., AGED 61 YEARS S/O.JOSEPH.K.P,UAN 100391414879, SI NO.16,KANICHERI HOUSE,FRIENDS NAGAR,THEVARA,KONTHURUTHY, COCHIN-682013.
2 V.SURESH BABU, AGED 61 YEARS
S/O.VASUDEVAN,UAN 100374800268, SI NO.47,VETTIKKAPILLY, NEAR YUVDHARA VAYANASALA,UDAYAMPEROOR-682307.
3 CV GOPI, AGED 61 YEARS S/O.K.NARAYANA KURUP,UAN 100155189610, SI NO.48,CHANDRA VATTATH HOUSE, 28/1824 A,PANDARACHIRA ROAD,KADAVANTHARA-682020.
BY ADVS. SRI.BLAZE K.JOSE SHRI.JUDY JOSE SMT.URMILA ZACHARIA
RESPONDENTS:
1 ANDREWS PRABHU AGED ABOUT 52 YEARS,FATHER'S NAME NOT KNOWN TO THE PETITIONER,REGIONAL PROVIDENT FUND COMMISSIONER,EMPLOYEES PROVIDENT FUND ORGANIZATION,PATTOM, THIRUVANANTHAPURAM-695004.
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2 EBIN, AGED ABOUT 50 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER,ASSISTANT PROVIDENT FUND SUB REGIONAL OFFICE,NO.36/685 A,BHAVISHYANIDHI BHAVAN,P.B.1895, KALOOR,KOCHI-682017.
BY SRI.S.PRASANTH, SC, EMPLOYEES PROVIDENT FUND ORGANISATION
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12.11.2020, ALONG WITH Con.Case(C).1419/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case (C) Nos.1419 & 1469 of 2020
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JUDGMENT
Dated this the 12th day of November 2020
Shaffique, J
These contempt cases had been filed alleging non compliance of the directions issued by this Court in the judgments dated 25.02.2019 and 27.02.2019 in W.P.(C).Nos. 7569/2018 and 9897/2018 respectively.
These contempt cases are therefore closed.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
True copy
JUDGE
P.A. To Judge
kp
Con.Case (C) Nos.1419 & 1469 of 2020
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APPENDIX OF Con.Case(C) 1419/2020
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 A TRUE COPY OF THE JUDGMENT IN W.P(C) NO. 13120 OF 2015 DATED 12-10-2018.
ANNEXURE 2 A TRUE COPY LEGAL NOTICE DATED 4-07-2020 ISSUED BY THE PETITIONERS TO THE 1ST RESPONDENT
ANNEXURE 3 A TRUE COPY OF REPLY LETTER DATED 5-08-2020 ISSUED BY 1ST RESPONDENT TO THE PETITIONER ANNEXURE 4 A TRUE COPY LEGAL NOTICE DATED 12-08-2020 ISSUED BY THE PETITIONERS TO THE 2ND RESPONDENT.
Con.Case (C) Nos.1419 & 1469 of 2020
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APPENDIX OF Con.Case(C) 1469/2020
PETITIONERS' EXHIBITS:
ANNEXURE 1 A TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.13120 OF 2015 DATED 12.10.2018 ANNEXURE 2 A TRUE COPY OF LEGAL NOTICE DATED 4.7.2020 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT ANNEXURE 3 A TRUE COPY OF REPLY LETTER DATED 5.8.2020 ISSUED BY 1ST RESPONDENT TO THE PETITIONER. ANNEXURE 4 A TRUE COPY LEGAL NOTICE DATED 12.8.2020 ISSUED BY THE PETITIONERS TO THE 2ND RESPONDENT.
1 issue framed by the court
Whether the contempt cases regarding non-compliance with directions should be dismissed.
Colour shows how this judgement treated each authority
Con.Case (C).No.1176/2019Relied on¶2
M.D. Varghese and others
Andrews Prabhu and Ebin
A.M. Shaffique
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
