The Court, in the presence of a pending Writ Petition covering all issues in the contempt case, ordered the closure of the contempt matter while granting the petitioner liberty to seek a rehearing should future circumstances warrant it.
Closed the contempt case, leaving liberty to the petitioner to seek a rehearing in future if warranted.
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 DEVAN RAMACHANDRAN
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
CON.CASE(C) NO. 1659 OF 2008
(AGAINST THE JUDGMENT IN OP NO. 26086/1999 DATED 20.1.2000 OF THE
HIGH COURT OF KERALA)
PETITIONER:
GEORGE WILSON, S/O PHILIPOSE GEORGE,
AGED 49 YEARS, KAVUTHADATHIL THARAYIL,
KADAMBANAD VILLAGE, ADUR TALUK,
PATHANAMTHITTA DISTRICT.
BY ADVS.UTHARA A.S
C.UNNIKRISHNAN (KOLLAM)(K/864/1994)
M.R.SUDHEENDRAN(K/588/1994)
ANANDA PADMANABHAN(K/597/2017)
VIVEK NAIR P.(K/1216/2021)
VIJAYKRISHNAN S. MENON(K/001627/2019)
DINOOP P.D.(K/001454/2021)
RESPONDENTS:
1 GUNAVARDHANAN, S/O NOT KNOWN TO THE PETITIONER, AGED 54 YEARS, SECRETARY TO THE GOVERNMENT, WATER RESOURCES DEPARTMENT (IRRIGATION), SECRETARIAT, TRIVANDRUM.2 P.LATHIKA, W/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 42 YEARS, CHIEF ENGINEER, KIP, PROJECT III, PUBLIC OFFICE, TRIVANDRUM.3 YOHANNAN, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 52 YEARS SUPERINTENDING ENGINEER, KIP CIRCLE, KOTTARAKKARA, KOLLAM.4 S.SUNIL, S/O NOT KNOWN TO THE PETITIONER, AGED ABOUT 48 YEARS, EXECUTIVE ENGINEER, KIP LB DIVISION NO.V, KOLLAM-2.BY ADV.SMT.VIDYA KURIAKOSE, GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CON.CASE(C) NO. 1659 OF 2008
-2-
JUDGMENT
Since W.P.(C).No.23288/2023 is already
pending, which takes in all the issues as
projected in this Contempt Case, I close this
Contempt Case; however, leaving liberty to the
petitioner to seek a rehearing, if it becomes so
warranted in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
CON.CASE(C) NO. 1659 OF 2008
-3-
APPENDIX
PETITIONER EXHIBITS
ANNEXURE A1TRUE COPY OF THE JUDGMENT IN
O.P.NO.26086/1999 OF THIS HON.COURT.
ANNEXURE A2TRUE COPY OF THE JUDGMENT IN
W.A.NO.18/2001 OF THIS HON.COURT.
ANNEXURE A3TRUE COPY OF ORDER IN CMP
NOS.7094/2002 IN WA 18/01 FOR CONTEMPT
OF COURT AND INTEREST AT 12% /ANNUM
ANNEXURE A4TRUE COPY OF ORDER IN CMP
NOS.7094/2002 IN WA 18/01 CLOSING
CONTEMPT
ANNEXURE A5TRUE COPY OF JUDGMENT IN WP NO.24447
OF 2004
ANNEXURE A6TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT SETTLING THE ACCOUNT AND
DIRECTING PAYMENT OF RS.23,16,241/-
ANNEXURE A7TRUE COPY OF THE FINAL BILL PASSED BY
THE 4TH RESPONDENT FOR EFFECTING
PAYMENT OF RS.23,23,803 DUE TO THE
PETITIONER.
ANNEXURE A8TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER.
ANNEXURE A9TRUE COPY OF THE ORDER DATED
16.12.2014 PASSED BY THE ENQUIRY
COMMISSIONER AND SPECIAL JUDGE,
THIRUVANANTHAPURAM.
CON.CASE(C) NO. 1659 OF 2008
-4-
RESPONDENT EXHIBITS
ANNEXURE ITRUE COPY OF THE FORECLOSURE AGREEMENT
NO.3/SE/KCQ/86-87 DT.29.04.1986.
ANNEXURE IITRUE COPY OF THE FORECLOSURE AGREEMENT
DATED 10.07.2002.
ANNEXURE IIITRUE COPY OF THE PETITIONER’S
REPRESENTATION 28.08.2006.
ANNEXURE IVTRUE COPY OF THE G.O.(RT)NO.1393/08/
WRD DATED 30.12.2008.
ANNEXURE VTRUE COPY OF THE CHIEF ENGINEERS’
REPORT.
ANNEXURE VITRUE COPY OF THE G.O.(RT)NO.600/09/
WRD DATED 06.06.2009.
2 issues framed by the court
Whether the pending contempt case should be closed in view of a fresh writ petition that covers all projected issues.
Request for liberty to seek a rehearing in the future by the petitioner.
GEORGE WILSON
GUNAVARDHANAN
P.LATHIKA
YOHANNAN
S.SUNIL
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court