In this contempt case, the petitioner submitted that the judgment accepting his correction notice was served late. The court closed the contempt proceedings, reserving his rights to challenge the order in appropriate proceedings.
The contempt case is closed with the petitioner's rights to challenge the Annexure-II order reserved for appropriate proceedings.
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.
CON.CASE(C) NO. 1408 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 13TH DAY OF OCTOBER 2021 / 21ST ASWINA, 1943 CON.CASE(C) NO. 1408 OF 2021
AGAINST THE ORDER/JUDGMENT IN WP(C) 23525/2019 OF HIGH COURT OF KERALA, ERNAKULAM
PETITIONER/PETITIONER IN WPC:
NOUFAL SALAM AGED 43 YEARS S/O. ABDUL SALAM, MANAGER, PEACE PUBLIC SCHOOL - PRESENTLY KNOWN AS THE LIGHT PUBLIC SCHOOL, KANIYANTHODU, MUKHATHALA P. O., KOLLAM DISTRICT, PIN - 691 577.
BY ADVS. MOHAN JACOB GEORGE P.V.PARVATHY (P-41) REENA THOMAS NIGI GEORGE
RESPONDENT/RESPONDENT NO.3 IN WPC:
S. RAJENDRAN, AGED ABOUT 50 YEARS, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 001.
SMT NISHA BOSE, SR GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 13.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 1408 OF 2021
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JUDGMENT
Sri. Mohan Jacob George, the learned counsel appearing for the petitioner, submitted that Annexure-II order has been served on the petitioner herein, albeit belatedly. It is submitted that this Contempt Case can be closed leaving open the rights of the petitioner to challenge Annexure-II order.
In that view of the matter, reserving the right of the petitioner to
challenge Annexure-II in appropriate proceedings, this Contempt Case is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
CON.CASE(C) NO. 1408 OF 2021
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APPENDIX OF CON.CASE(C) 1408/2021
PETITIONER ANNEXURE
Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 30.08.2019 IN WP(C) NO.23525/2019.
Annexure A2 COPY OF THE COVERING LETTER DATED 23.09.2019 OF THE PETITIONER. Annexure A3 COPY OF THE LETTER DATED 23.06.2020 OF THE DEO, KOLLAM. Annexure A4 COPY OF THE LETTER DATED 09.07.2020 OF THE DEO. Annexure A5 COPY OF THE LETTER DATED 26.09.2020 OF THE PETITIONER RESUBMITTING THE APPLICATION IN THE NAME OF THE LIGHT PUBLIC SCHOOL. Annexure A6 COPY OF THE ORDER DATED 13.02.2020 IN CRL.M.A.1/2018 IN CRL.M.C.627/2018. Annexure A7 COPY OF THE LETTER DATED 27.11.2020 OF THE PETITIONER. Annexure A8 COPY OF THE REQUEST / REMINDER DATED 21.12.2020 OF THE PETITIONER.
RESPONDENT'S ANNEXURES:
Annexure I TRUE COPY OF LETTER NO.NS(2)/41072/19 DATED 17.6.2020. Annexure II TRUE COPY OF COMMUNICATION DATED 6.2.2021.
1 issue framed by the court
Whether the petitioner contemned the court when the suo motu order accepting the correction notice was served on him belatedly.
Noufal Salam
S. Rajendran
Smt Nisha Bose
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
