A contempt petition alleging non-compliance with an order was dismissed due to delay beyond the statutory limitation period. The court granted permission to withdraw the petition and closed the case.
Permission to withdraw the contempt petition granted; case closed.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941
Con.Case(C).No.2723 OF 2019 IN DBP. 5/2012
AGAINST THE NON-COMPLIANCE OF THE ORDER IN DBP 5/2012 OF HIGH COURT OF KERALA DATED 13.6.2019
PETITIONER/1ST PETITIONER:
C.P. PADMANABHAN, AGED 73 YEARS S/O. PAPPU, CHALIL, THRICHATTUKULAM, P.O. CHERTHALA 688 526.
BY ADVS. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB
RESPONDENT/1ST RESPONDENT:
C.G.MADHU FATHER'S NAME AN GE NOT KNOWN TO THE PETITIONER, ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM-686 141.
SRI.P.V.KUNHIKRISHNAN, SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.2723 OF 2019
: 2 :
JUDGMENT
Dated this the 7th day of January 2020
S.MANIKUMAR, C.J.
This contempt petition is filed alleging non compliance of the order dated 13.6.2012 in DBP No.5 of 2012. It is evident from records that this contempt
petition has not been filed within one year as provided under Section 20 of
the Contempt of Courts Act, 1971.
petitioner seeks permission to withdraw the contempt petition.
Having regard to the above, this Contempt of Court Case is closed.
sd/- S.MANIKUMAR CHIEF JUSTICE
sd/- SHAJI P. CHALY JUDGE
jes
Con.Case(C).No.2723 OF 2019
: 3 :
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE ORDER DATED 13.6.2012 IN DBP 5/2012. ANNEXURE A2 TRUE COPY OF THE NOTICE DATED 27.11.19 ISSUED BY THE DEPUTY DEVASWOM COMMISSIONER, VAIKOM. ANNEXURE A3 TRUE COPY OF THE LETTER DATED 8.12.19 OF THE PETITIONER ADDRESSED TO THE RESPONDENT.
// TRUE COPY //
P.S. TO JUDGE
2 issues framed by the court
Whether the contempt petition should be allowed to continue given the failure to file it within the one-year limitation period.
Whether permission to withdraw the contempt petition should be granted.
C.P. Padmanabhan
C.G. Madhu
S.Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
