In a contempt proceeding, the Court held that an order issued by the respondent failed to specify consideration of powers of attorney as directed. The order was withdrawn to be reissued after rehearing parties.
Annexure A15 stands withdrawn; the respondent must rehear parties and issue a new order within one month.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
CON.CASE(C) NO. 199 OF 2023
AGAINST THE JUDGMENT IN WP(C) 24451/2022 OF HIGH COURT OF KERALA
PETITIONERS/PETITIONERS IN WPC:
1 DHANYA (DHANYA VAMADEVAN), AGED 43 YEARS D/O.SMT.R.SUDHARMA, REPRESENTED BY SMT.R.SUDHARMA, POWER OF ATTORNEY HOLDER OF DHANYA, 'RESMI', MAVILA, MAROOR, VIA. ADOOR, PATHANAMTHITTA. (NOW RESIDING AT 114, COLLINWOOD GARDENS, ILFORD, ESSEX, IGSDAL, UNITED KINGDOM)., PIN - 691524
2 R.SUDHARMA, AGED 71 YEARS W/O.SHRI.K.GOPINATHAN, 'RESMI', MAVILA, MAROOR, VIA. ADOOR, PATHANAMTHITTA., PIN - 691524
B.RAGHUNATHAN M.SALIM R.SRINATH V.MANOJ DR.STANLY CHAZHOOR K.JALADHARAN V.M.JACOB ASOKAKUMAR B.
RESPONDENTS/2ND RESPONDENT IN THE WPC AND ANOTHER:
1 SHRI.JEEVAN BABU.K. IAS, AGED 41 YEARS S/O.SHRI.K.KUTTAPPAN, DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM ., PIN - 695014
2 SHRI.M.K.SHINEMON, (FATHER'S NAME AND AGE NOT KNOWN TO PETITIONERS) ADDITIONAL DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
SRI.S.GOPINADHAN -SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 199 OF 2023
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JUDGMENT
The petitioners allege that Annexure A15 order issued by the 2nd respondent is in flagrant violation of the directions in the judgment of this Court dated 29.07.2022.
CON.CASE(C) NO. 199 OF 2023
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afore, Sri.S.Gopinadhan - learned Senior Government Pleader, submitted that if this Court is so inclined, Annexure A15 will be withdrawn and a new order issued by the respondent, after rehearing the parties and considering the Powers of Attorney.
Sri.S.Gopinadhan, that Annexure A15 stands withdrawn; and that the respondent will again hear the parties and consider all documents as ordered by this Court in the judgment; thus culminating in an appropriate new order, within a period of one month from the date of receipt of a copy of this judgment.
Needless to say, if the afore directions are violated, the petitioners will be at full liberty to approach this Court again with a fresh contempt case.
Sd/- DEVAN RAMACHANDRAN JUDGE
stu
CON.CASE(C) NO. 199 OF 2023
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APPENDIX OF CON.CASE(C) 199/2023
PETITIONER ANNEXURES
| Annexure A1 | TRUE COPY OF ORDER |
|---|---|
| NO.F4/93940/13/DPI/K.DIS DATED 26.3.2015 OF 1ST RESPONDENT |
|
| Annexure A2 | TRUE COPY OF JUDGMENT DATED 9.12.2020 IN WP(C)NO.13441 OF 2015-E |
| Annexure A3 | TRUE COPY OF ORDER NO.F4/21282/2020/DGE/K.DIS DATED 22.1.2021 OF 2ND RESPONDENT |
| Annexure A4 | TRUE COPY OF THE REPRESENTATION DATED 1.2.2022 SUBMITTED BY 1ST PETITIONER TO 1ST RESPONDENT |
| Annexure A5 | TRUE COPY OF THE POWER OF ATTORNEY DATED 19.2.2021 |
| Annexure A6 | TRUE COPY OF THE POWER OF ATTORNEY DATED 5.11.2021 |
| Annexure A7 | TRUE COPY OF THE APPLICATION DATED 1.2.2022 IN THE PROFORMA |
| Annexure A8 | TRUE COPY OF THE LETTER DATED 4.2.2022 OF THE COUNSEL OF PETITIONERS TO 1ST RESPONDENT |
| Annexure A9 | TRUE COPY OF LETTER NO.F4/2682/2022/DGE DATED 30.3.2022 OF 1ST RESPONDENT (SIGNED BY 2ND RESPONDENT) |
| Annexure A10 | CERTIFIED COPY OF THE JUDGMENT DATED 29.7.2022 IN WP(C)NO.24451 OF 2022 |
| Annexure A11 | TRUE COPY OF THE FORWARDING LETTER DATED 10.8.2022 OF THE COUNSEL OF PETITIONERS |
| Annexure A12 | TRUE COPY OF HEARING NOTICE |
| NO.F(4)/13431/2022/DGE DATED 7.10.2022 OF |
CON.CASE(C) NO. 199 OF 2023
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1ST RESPONDENT
Annexure A13 TRUE COPY OF THE NOTE DATED 15.10.2022 TO 1ST RESPONDENT Annexure A14 TRUE COPY OF THE LAWYERS' NOTICE DATED 15.11.2022 Annexure A15 TRUE COPY OF ORDER NO.F(4)/13431/2022/DGE/K.DIS DATED 15.12.2022 OF 2ND RESPONDENT
1 issue framed by the court
Whether the order annexure-A15 violates directions of this Court dated 29.07.2022 by failing to record consideration of powers of attorney.
DHANYA VAMADEVAN and others
JEEDHAN BABU K. IAS
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
