This contempt case alleged non-compliance of a previous direction. The court held that factual issues must be considered. Consequently, the case was closed without impugned order determining merit, leaving parties' contentions open.
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 MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944
CON.CASE(C) NO.1215 OF 2022
JUDGMENT IN WP(C) 12758/2022 OF HIGH COURT OF KERALA DATED 7.4.2022
PETITIONER/PETITIONER IN WP(C) :-
UNNIKRISHNAN N, AGED 58 YEARS S/O.ICHIKUTTY AMMA, EZHUTHULLY NOTTATH HOUSE, SANKARAMKULANGARA JUNCTION, POONKUNNAM P.O, THRISSUR, PIN – 680 002
BY ADV SHOBY K.FRANCIS
RESPONDENT/1ST RESPONDENT IN WP(C) :-
VIBHOOSHANAN.P.A., AGED 54 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER, REVENUE DIVISIONAL OFFICER, OFFICE OF THE RDO, THRISSUR, PIN – 680 003
BY SRI.S.RANJITH, SPL.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO.1215 OF 2022
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JUDGMENT
Dated this the 2nd day of September, 2022
This Contempt of Court Case is filed alleging non-compliance of the directions contained in the judgment dated 7.4.2022. The learned counsel for the respondent submits that an order has been passed as Annexure C and that there are factual contentions involved with regard to the claim of the petitioner.
In the above view of the matter, I am of the opinion that the factual issues are liable to be considered. The Contempt of Court Case is, accordingly, closed leaving open the contentions of the parties and the right of the petitioner to challenge the order passed in accordance with law.
Sd/-
ANU SIVARAMAN JUDGE
Jvt/13.9.2022
CON.CASE(C) NO.1215 OF 2022
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APPENDIX OF CON.CASE(C) 1215/2022
PETITIONER ANNEXURES
Annexure C A TRUE COPY OF THE NOTICE DATED 7-5-2022 ISSUED BY THE RESPONDENT
2 issues framed by the court
Whether factual issues in the contempt proceedings need to be considered.
Whether the petitioner can challenge the order passed closed with open contentions.
Unnikrishnan N
Vibhooshanan.P.A.
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
