Disposed

C.M.Mathew, v. K.Biju IAS

Kerala HC3 Aug 2020Con.Case(C)/879/2020

Case brief

AI extract

What is this about?

This is a contempt of court case hearing a request by the Additional 4th Respondent to withdraw a previous order dated 04.06.2020. The Court allowed this request in the absence of objection and directed the Respondent to issue a fresh order after giving notice to all sides within one month. The Court reserved the Petitioner's right to approach again and left all contentions open.

What did the court decide?

Allowed the 4th Respondent to withdraw the order dated 04.06.2020 and issue a fresh one within one month.

C.M.Mathew, Vs K.Biju IAS — Contempt of Court | Kerala HC (2020)

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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 DEVAN RAMACHANDRAN

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MONDAY, THE 03RD DAY OF AUGUST 2020 / 12TH SRAVANA, 1942

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Con.Case(C).No.879 OF 2020 IN WP(C). 25746/2018

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AGAINST THE JUDGMENT IN WP(C) 25746/2018(P) OF HIGH COURT OF KERALA

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PETITIONER:

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C.M.MATHEW, AGED 60 YEARS S/O.MATHAI, CHAKKITTAMURIYIL HOUSE, INDUSTRIAL NAGAR P.O., CHANGANASSERY, KOTTAYAM-686 106.

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BY ADVS. SRI.ROY CHACKO SRI.K.C.VINCENT

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RESPONDENTS:

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1 K.BIJU IAS, AGED ABOUT 40 YEARS, FATHER'S NAME NOT KNOWN, FORMER DIRECTOR, MINING AND GEOLOGY, PRESENTLY WORKING AS DIRECTOR, INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM, KERALA-695 033.

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2 SMT.HARITHA V.KUMAR IAS, AGED ABOUT 35 YEARS, FATHER'S NAME NOT KNOWN, DIRECTOR, MINING AND GEOLOGY, KESAVADASAPURAM, PATTOM PALACE P.O., THIRUVANANTHAPURAM, KERALA-695 004.

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3 GEORGE ANTONY, AGED 68 YEARS S/O.KORAH ANTONY, KUREECKAL HOUSE, KIZHAKKAMBALAM, KUNNATHUNADU P.O., ERNAKULAM-683 582, THE MANAGING DIRECTOR, G.K. GRANITES LIMITED.

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4 ADDL. R4. DR.C.K. BAIJU, AGE AND FATHER'S NAME NOT KNOWN, DIRECTOR, MINING AND GEOLOGY, OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY, THIRUVANANTHAPURAM-695 001.*

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***(IS IMPLEADED AS ADDITIONAL R4 AS PER ORDER DATED 23/07/2020 IN IA.1/2020.) R1 BY GOVERNMENT PLEADER R3 BY ADV. SRI.N.JAMES KOSHY**

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 03.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Con.Case(C).879/2020 IN WP(C).25746/2018

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JUDGMENT

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When this matter was called today,

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Shri.M.V.Anandan, learned Senior Government

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Pleader, appearing on behalf of the additional 4^th respondent, submitted that on account of certain factors pointed out by this Court on 23/07/2020, when this matter was last listed, the 4^th respondent has decided to withdraw the present order and to

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issue a fresh one, if this Court is so inclined to permit him do so.

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Taking note of the afore submissions and since this request is not opposed by any of the learned counsel on either side, I close this contempt case; allowing the 4^th respondent to withdraw the present order dated 04.06.2020 and to issue a fresh one, after affording necessary opportunity to all sides, within a period of one month from the date of receipt of a copy of this judgment.

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Con.Case(C).879/2020 IN WP(C).25746/2018

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I make it clear that the petitioner will

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be at liberty to approach this Court again,

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if so required in future, once the new proceedings are issued; and for such purpose I leave open all contentions of either side.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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MC/5.8.2020

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Con.Case(C).879/2020 IN WP(C).25746/2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 CERTIFIED COPY OF THE COMMON JUDGMENT DATED 05/12/2019 IN WPC NO.25746 OF 2018 AND WPC NO.30579 OF 2019. ANNEXURE A2 TRUE COPY OF THE COMMUNICATION FROM THE OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY DATED 20/02/2020 ADDRESSED TO THE PETITIONER AND 3RD RESPONDENT RECEIVED ON 25/02/2020. ANNEXURE A3 TRUE COPY OF THE COMMUNICATION FROM THE OFFICE OF THE DIRECTOR OF MINING AND GEOLOGY DATED 20/02/2020 SENT TO THE REVENUE DIVISIONAL OFFICER AND THE GEOLOGIST, KOTTAYAM. ANNEXURE A4 COPY OF THE REPORT OF THE TALUK SURVEYOR DATED 21/05/2018. ANNEXURE A5 COPY OF THE INSPECTION REPORT DATED 15/11/2019 PRODUCED BY SENIOR GEOLOGIST IN WPC NO.30579OF 2019. ANNEXURE A6 COPY OF INSPECTION REPORT DATED 22/11/2019 PRODUCED BY SENIOR GEOLOGIST IN WPC NO.30579 OF 2019. ANNEXURE A6 A TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING AND GEOLOGY DATED 4.6.2020 ANNEXURE A7 A TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MINING AND GEOLOGY DATED 16.6.2020 ANNEXURE A8 A TRUE COPY OF THE PROCEEDINGS OF THE GEOLOGIST, KOTTAYAM DATED 18.06.2020.

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RESPONDENT'S/S EXHIBITS:

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NIL

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(TRUE COPY) PA TO JUDGE

C.M.Mathew, v. K.Biju IAS

Case brief

What is this about?

What did the court decide?

C.M.Mathew, v. K.Biju IAS

Case brief

What is this about?

What did the court decide?

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