A contempt petition alleging violation of a Court judgment directing reckoning of past service. The incumbent Court found the respondent committed contempt but closed the case since the impugned order was recalled, directing the Registry to forward the judgment to KSEB for appropriate action.
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 304/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 CON.CASE(C) NO. 304 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 28083/2017 OF HIGH COURT OF
KERALA
PETITIONER/S:
VISWANATHAN V. AGED 62 YEARS S/O KARIKUTTY, RETD ASSISTANT ENGINEER, KSEB RESIDING AT HOUSE NO.5, KAIRALI NAGAR, KUSUMAGIRI POST, KAKKANAD, ERNAKULAM, PIN - 682030
BY ADV U.BALAGANGADHARAN
RESPONDENT/S:
1 SMT. SANTHY (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) THE CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD LIMITED VIDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
OTHER PRESENT:
SRI.ANTONY MUKKATH, SC FOR KSEB
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21.02.2023, ALONG WITH RP.212/2023, 219/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
Cont. Case (C) No. 304 of 2023 in
W.P.(C.) No. 28083 of 2017
Dated this the 21st day of February, 2023
JUDGMENT
This contempt case is filed alleging violation of the directions in the judgment dated 02.11.2022 in W.P.(C.) Nos. 19405/2011 and 28083/2017. This Court as per this judgment clearly found that the petitioners in these writ petitions are entitled to reckon their past service.
on 07.02.2023, this Court passed the following order :
“Standing counsel takes notice on the respondent.
After going through the pleadings prima facie, I am of the opinion that the respondent committed contempt. Respondent will appear in person before this Court on 20.02.2023. In the meanwhile, if the directions are complied with or the judgment is varied or modified, personal appearance is dispensed with. Issue a copy of this order to the Standing Counsel today itself for
CoC 304/2023
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communicating the same to the respondent.”
Therefore, this contempt case is closed and the Registry will send a copy of this judgment to the Secretary and Chairman, KSEB for taking appropriate action in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
CoC 304/2023
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APPENDIX OF CON.CASE(C) 304/2023
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE JUDGMENT DATED 2..11..2022 IN W P [C ] NO. 28083/2017 OF THE THIS HON'BLE COURT
1 issue framed by the court
whether the respondent committed contempt by issuing an order violating this Court’s judgment dated 02.11.2022 in W.P.(C.) No. 28083/2017
Viswanathan
Smt. Santhy
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
