This contempt case challenged notices issued by the Government Medical College and Grama Panchayat alleging violation of prior directions. The court held the petitioner could not continue without a license and the tender was regular, dismissing the contempt petition.
The contempt case is devoid of merit and accordingly dismissed.
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.
CoC(C).No.27/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 8TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944
CON.CASE(C) NO. 27 OF 2023
AGAINST THE JUDGMENT in WP(C) 39208/2018 OF HIGH COURT OF KERALA PETITIONER:
SHIBU G. AGED 53 YEARS S/O. K.A. GOPINATHAN, PRESENT SECRETARY, INDIA COFFEE BOARD WORKERS CO-OPERATIVE SOCIETY LTD. NO. 4227, P.B. NO. 184, THRISSUR, THRISSUR DISTRICT - PIN - 680001, RESIDING AT KOONAMTHETTAYIL HOUSE, MOOZHIKKULAM, KURUMASSERY P.O., PARAKKADAVU VILLAGE, ALUVA, ERNAKULAM DISTRICT, PIN - 683579
BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.)
RESPONDENTS:
1 DR. B. SHEELA (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, MULANKUNNATHUKAVU P.O., THRISSUR, PIN - 680581
2 MR. K. NANDAKUMAR (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, AVANOOR GRAMA PANCHAYAT, MULANKUNNATHUKAVU P.O., THRISSUR ., PIN - 680581
CoC(C).No.27/2023
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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23.01.2023, THE COURT ON 08.02.2023 DELIVERED THE FOLLOWING:
CoC(C).No.27/2023
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ANU SIVARAMAN, J.
= = = = = = = = = = = = = = = Contempt of Court (C).No.27 of 2023 = = = = = = = = = = = = = = = = Dated this the 8th day of February, 2023
JUDGMENT
directions contained in Annexure 1 judgment.
CoC(C).No.27/2023
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Canteen in the hospital premises in an unauthorised manner without any contract or license from 01.12.2018. It is stated that pursuant to the judgment of this Court, evidenced by Annexure-1, multiple opportunities were given to the petitioner to run a canteen in the new Canteen building constructed for the said purpose within the premises of the Thrissur Medical College and also for participating in the E- tender invited by the Medical College Hospital Development Society in December 2019 and January 2020. However, the petitioner did not participate in the said tender and steps for functioning of a new canteen in the hospital premises are complete. It is submitted that the tender proceedings are complete and letter of acceptance was issued to the successful tenderer on 26.12.2022 and agreement was entered into on 11.01.2023.
CoC(C).No.27/2023
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unhygienic conditions and no steps were taken to improve the said situation in spite of intimations. It is contended that in the light of the specific directions issued by this Court, there is absolutely no contempt committed by the respondents.
CoC(C).No.27/2023
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not have any right to contend that the canteen could be operated in the premises without any license or contract with the medical college. However, it was only considering the need for a canteen in the premises that the judgment had been rendered. In view of the fact that an e-tender has been invited and finalised for the running of a canteen in the premises, I am of the opinion that the contention that the communications, which are produced, are in violation of the directions contained in the judgment cannot be accepted. This Court, as a matter of fact, had not found that the petitioner had any right to continue in the premises and the permission to continue in occupation was only permissive in nature.
In the above view of the matter, I am of the opinion that, the contempt of court case is devoid of merit and the same is accordingly dismissed.
sd/- Anu Sivaraman, Judge
sj
CoC(C).No.27/2023
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APPENDIX OF CON.CASE(C) 27/2023
PETITIONER ANNEXURES
| Annexure-1 | CERTIFIED COPY OF THE JUDGMENT IN W.P.(C) NO. 39208 OF 2018 DATED 15.02.2019 PASSED BY THIS HON'BLE COURT |
|---|---|
| Annexure-2 | TRUE COPY OF THE AFFIDAVIT FILED BEFORE THIS HON'BLE COURT IN THAT REGARD BY THE THEN PRINCIPAL OF THE MEDICAL COLLEGE IN W.P.(C) NO. 39208 OF 2018 DATED 29.06.2019. |
| Annexure-3 | TRUE COPY OF THE COUNTER AFFIDAVIT FILED BEFORE THIS HON'BLE COURT IN I.A.NO. 1 OF 2019 IN W.P.(C) NO. 39208 OF 2018 DATED 08.08.2019 |
| Annexure-4 | TRUE COPY OF THE ORDER DATED 22.11.2019 IN W.P.(C) NO. 39208 OF 2018 PASSED BY THIS HON'BLE COURT . |
| Annexure-5 | A TRUE COPY OF THE COMMUNICATION NO. C4- 9672/2010/GMCTCR DATED 27.12.2022 GIVEN BY THE PRINCIPAL OF THE GOVERNMENT MEDICAL COLLEGE, THRISSUR. |
| Annexure-6 | TRUE COPY OF THE CONSEQUENTIAL COMMUNICATION ISSUED BY THE SECRETARY OF THE GRAMA PANCHAYAT BEARING NO. JC1- 13166/2022 DATED 29.12.2022 . |
| RESPONDENT ANNEXURE | |
| Annexure R1(a) | True copy of the representation dated 29.11.2018. |
| Annexure R1(B) | True copy of the photographs of the inside of canteen and premises. |
True copy
PS to Judge
3 issues framed by the court
Whether the notices issued to the petitioner for vacating premises violated the directions in the prior judgment.
Whether the petitioner had any right to continue operating the canteen without a license after the prior judgment.
Whether the communication from the principal and gram panchayat amounts to contempt of court.
Shibu G
Dr. B. Sheela
Dr. Bijukummar
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
