Contempt proceedings arising from non-compliance of a writ judgment. Since the time frame in the underlying writ judgment had been extended to a later date through a separate order, the contempt case could not be prosecuted and was closed with liberty to seek re-hearing if directions remain unimplemented.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 8TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945
CON.CASE(C) NO. 8 OF 2024
AGAINST THE JUDGMENT IN WP(C) 7653/2023 DATED 21.07.2023
PETITIONERS:
1 BENNY GERVACIS, AGED 58 YEARS S/O GERVACIS AREECKAL AREECKAL, CRRA NO.33, AVENUE-4, CHERUPILLY ROAD, KALOOR, KOCHI., PIN – 6820172V. RAJENDRAN, AGED 66 YEARS
S/O LATE V.PRABHAKARAN NAIR, PRA-199,
VIBOOTHI, POOVAMPILLY ROAD, BYE LANE,
PUNNAKKAL, ELAMAKKARA, KOCHI, PIN – 682026
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENTS:
1DR.V. VENU, AGED 59 YEARS, S/O. VASUDEVA PANIKKER,
THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
PIN – 695001
2DR.A.JAYATHILAK, AGED 58 YEARS
FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
THE SECRETARY TO GOVERNMENT, PERSONNEL &
ADMINISTRATIVE REFORMS (AR-12) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
PIN - 695001
SRI SUNIL K KURIAKOSE-GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
COC 8/24
2
JUDGMENT
Through a separate order in WP(C)No.7653/2023, the time frame in the judgment has already been extended until 25.02.2024. Obviously, therefore, the w rit petition er cannot prosecute this Contempt Case at this time.
Resultantly, this Contempt Case is closed; however, leaving liberty to the petitioner to seek a re-hearing, in case the directions in the judgment are not complied with even within the afore time frame.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
RR
COC 8/24
3
APPENDIX OF CON.CASE(C) 8/2024
PETITIONER ANNEXURES
Annexure 1CERTIFIED COPY OF THE JUDGMENT DATED
21/07/2023 IN W.P.(C)NO.7653 OF 2023
Benny Gervacis
V. Rajendran
Dr. V. Venu, Chief Secretary to Government of Kerala
Dr. A. Jayathilak, Secretary, Personnel & Administrative Reforms (AR-12) Department
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court