A contempt case was filed alleging non-compliance with court directions regarding a pending petition. The court held that the petitioner must challenge the respondent's subsequent order in appropriate proceedings and found no case of contempt.
Disclosure of the Order in R.P. No. 732/2022 dated 05.08.2022 in W.P.(C) No.20286/2022.
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. 2295 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944 CON.CASE(C) NO. 2295 OF 2022
AGAINST THE JUDGMENT IN WP(C) NO.20286/2022 DATED 22.06.2022 AND ORDER DATED 05.08.2022 IN RP NO.732/2022 OF HIGH COURT OF
KERALA
PETITIONER/PETITIONER IN W.P.(C)/
1ST RESPONDENT IN R.P.:
ANITHA A AGED 52 YEARS, WIFE OF PROF.S.JAYADEV, PRINCIPAL, VISWABHARATHI MODEL HIGHER SECONDARY SCHOOL, KAPPILMEKKU, KRISHNAPURAM, KAYAMKULAM- 690 533, ALAPPUZHA DISTRICT (RESIDING AT DEVARAGAM, SOUTH MONKUZHY, P.O. PULLIKKANAKKU, (VIA) KAYAMKULAM-690 537, ALAPPUZHA DISTRICT. BY ADVS. M.SAJJAD V.A.MUHAMMED
RESPONDENT/2ND RESPODENT IN W.P.(C)/
3RD RESPONDENT R.P.:
SRI. ASHOK KUMAR FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, THAMBAYATHIL BUILDINGS, NEAR RAILWAY STATION, CHENGANNUR, ALAPP UZHA DISTRICT-689 121.
CON.CASE(C) NO. 2295 OF 2022
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SMT. NISHA BOSE, SR. GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 2295 OF 2022
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JUDGMENT
This Contempt Case (C) is filed alleging non-compliance of the
directions issued by this Court in the judgment dated 22.06.2022 in W.P.(C) No.20286 of 2022 and the order dated 05.08.2022 in R.P. No.732 of 2022.
Annexure-A15 order dated 1.12.2022 rejecting the request made by the petitioner.
petitioner to challenge the order in appropriate proceedings.
CON.CASE(C) NO. 2295 OF 2022
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respondent to reconsider the matter in the light of various judgments and the Government Orders. Later, as per orders issued in the review petition,
directions were issued to hear the review petitioner and consider the precedents cited by him. Now that the respondent has issued the order, it is
for the petitioner to challenge the same in appropriate proceedings. I do
not think that any case of contempt is made out.
This Contempt Case (C) is closed.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE
NS
CON.CASE(C) NO. 2295 OF 2022
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APPENDIX OF CON.CASE(C) 2295/2022
PETITIONER(S) ANNEXURES :
| Annexure 1 | TRUE COPY OF THE G.O. (RT.) NO. 2913/ 2021/G.EDN. DATED 02.06.2021. |
|---|---|
| Annexure 2 | TRUE COPY OF THE G.O. (RT') NO. 1992/2020/G.EDN. DATED 16.06.2020 |
| Annexure 3 | TRUE COPY OF THE G.O. (RT.) NO.5829/2021/G.EDN. DATED 13.12.2021 |
| Annexure 4 | TRUE COPY OF THE DECISION REPORTED IN 2016 KHC 419 DECIDED ON 26.02.2016 |
| Annexure 5 | TRUE COPY OF THE G.O. (RT.) NO. 1260/2019/GEDN DATED 01.04.2019 |
| Annexure 6 | TRUE COPY OF THE G.O. (RT.) NO. 5014/2019/G.EDN. DATED 21.11.2019 |
| Annexure 7 | TRUE COPY OF THE G.O. (RT.) NO.2992/2021/G.EDN. DATED 11.06.2021 |
| Annexure 8 | TRUE COPY OF THE G.O. (RT.) NO.5063/2021 /G.EDN. DATED 10.11.2021 |
| Annexure 9 | TRUE COPY OF THE G.O. (RT.) NO. 1572/2022/GEDN DATED 11.03.2022 |
| Annexure 10 | CERTIFIED COPY OF THE JUDGMENT IN W.P. (C) NO.20286/2022 DATED 22.06.2022 |
| Annexure 11 | CERTIFIED COPY OF THE ORDER IN R.P. NO. 732 OF 2022 DATED 05.08.2022 IN W.P(C) NO.20286 OF 2022 |
| Annexure 12 | TRUE COPY OF THE RELEVANT PAGE OF THE ACKNOWLEDGEMENT CARD |
| Annexure 13 | TRUE COPY OF THE DECISION OF THIS HONBLE COURT IN AIDED HIGHER SECONDARY SCHOOL TEACHERS ASSOCIATION V. STATE OF KERALA |
| REPORTED IN 2005 KHC 19 = 2005 (1) KLT 94 DECIDED ON 04.11.2004 |
|
| Annexure A14 | JUDGMENT ON THIS HON'BLE COURT IN WP(C) NO.14709/2022 DATED 18.05.2022 |
| Annexure A15 | ORDER NO.6443/C3/2021/RDD/CNGR DATED 01.12.2022 ISSUED BY THE RDD HSE CHENGANNUR |
| Annexure A16 | JUDGMENT OF THIS APEX COURT IN SLP NO. 31167/2014 |
1 issue framed by the court
Whether a case of contempt is made out regarding the respondent's order rejecting the petitioner's request.
Anitha A
Sri. Ashok Kumar
Smt. Nisha Bose
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
