Sree Vidhyadhiraja Homoeopathic Medical College v. Kesavendra Kumar IAS

Kerala HC11 Mar 2024Con.Case(C)/906/2023

Case brief

AI extract

What is this about?

This contempt petition was dismissed as closed. The court held that since the earlier judgment merely directed the Government to reconsider its order without deciding the specific contentions, the new order (Annexure E) challenged now must be contested through appropriate proceedings.

What did the court decide?

Contempt case closed with liberty reserved for the petitioner to challenge the impugned order appropriately.

Sree Vidhyadhiraja Homoeopathic Medical College Vs… — Contempt of Court | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 11^TH DAY OF MARCH 2024 / 21ST PHALGUNA, 1945

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CON.CASE(C) NO. 906 OF 2023

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AGAINST THE JUDGMENT IN WP(C) NO.30011 OF 2021

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PETITIONER:

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SREE VIDHYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE NEMOM, THIRUVANANTHAPURAM - REP. BY ITS MANAGER DR. R. AJAYAKUMAR., PIN - 695020

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BY ADV P.M.SANEER

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RESPONDENTS:

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1 KESAVENDRA KUMAR IAS

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AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE STATE OF KERALA, REP BY THE SECRETARY TO GOVERNMENT, AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 DR BETTY K., AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE PRINCIPAL & CONTROLLING OFFICER, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE, IRANIMUTTOM, THIRUVANANTHAPURAM , PIN - 695001

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SRI. SUNIL K.KURIAKOSE, GP

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CON.CASE(C) NO. 906 OF 2023

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JUDGMENT

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Even though the petitioner alleges that the respondents have violated the orders of this Court in the judgment dated 03.06.2022, by issuing Annexure E order, Sri.Sunil Kumar Kuriakose – learned Government Pleader, asserted that this is without basis because, in the judgment in question, this Court had only directed the Government to reconsider the matter, after having quashed Ext.P7 order earlier issued, adverting to every contention of the petitioner. He explained that, in Annexure E order, the contention of the petitioner, that there is no legal sanction in issuing an order akin to the one that was quashed by this Court in the judgment; and that no amounts can be recouped from them, was specifically considered by the respondent and his opinion is reflected in this order. He submitted that, therefore, it is for the petitioner to challenge Annexure E appropriately, if they are aggrieved.

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I must say that there is force in the afore submissions of the learned Government Pleader because, this Court had only directed the Government to reconsider the matter, after having quashed the earlier order issued by it. Of course, there was a corollary direction to it to consider all the specific contentions of

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CON.CASE(C) NO. 906 OF 2023

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the petitioner, but this Court had not answered it in any manner whatsoever and had left it open to be dealt with appropriately. Obviously, therefore, since the Government has now issued an order, namely Annexure E, it is for the petitioner to challenge it, if they are aggrieved by the same.

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With the afore liberty being reserved to the petitioner; for which purpose, all contentions are being left open, this contempt case is closed.

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Sd/- DEVAN RAMACHANDRAN

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JUDGE

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stu

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CON.CASE(C) NO. 906 OF 2023

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APPENDIX OF CON.CASE(C) 906/2023

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PETITIONER ANNEXURES

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Annexure A	CERTIFIED COPY OF JUDGMENT DTD 3/6/20 WPC NO 30011/2021 OF THIS HONOUR COURT	22IN ABLE
Annexure B	A TRUE COPY OF THE NOTICE 1378/B2/2022/GHMCT DTD 28/12/2022 IS BY THE 2ND RESPONDENT	NO SUED
Annexure C	A TRUE COPY OF THE REPLY 329/A1/22/SVRHMC DTD 10/2/2023, SUBMI BY THE PETITIONER BEFORE THE RESPONDEN	NO TTED TS
Annexure D	TRUE COPY OF THE HEARING NOTICE 1378/B2/2022/GHMCT DTD 9/3/2022 ISSUED THE 2ND RESPONDENT	NO BY
Annexure E	A TRUE COPY OF THE ORDER NO GO(RT) 361/2023/AYUSH DTD 29-9-2023, OF PRINCIPAL SECRETARY AYUSH DEPARTMENT.	NO THE
Annexure F	A TRUE COPY OF THE COMMUNICATION 1378/B2/2022/GHMCT DTD 9-10-2023 IS BY THE PRINCIPAL AND CONTROLLING OFFIC	NO SUED ER.
Annexure G	A TRUE COPY OF THE COMMUNICATION DTD 11-2023 ISSUED BY THE 2ND RESPON PRINCIPAL AND CONTROLLING OFFICER.	23- DENT
Annexure H	A TRUE COPY OF THE REPLY 329/A1/22/SVRHMC DTD 24-11-2023 ADDRE TO THE 2ND RESPONDENT.	NO SSED
RESPONDENT ANNEX	URES
Annexure R1(a)	True copy of the (Rt)No.1438/2014/Health and Fa Welfare Department dated 07/05/2014	G.O. mily
Annexure R1(b)	True copy of the memo of charges is by the Manager dated 05/05/2014	sued

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CON.CASE(C) NO. 906 OF 2023

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Annexure R1(c)	True copy of the (Rt)No.1840/2014/Health and Welfare Department dated 04/06/2014	G.O. Family
Annexure R1(d)	True copy of the order of sus dated 14/01/2015	pension
Annexure R1(e)	True copy of the proceedings Managers of the institute 01/04/2015	of the dated
Annexure R1(f)	True copy of the interim order 10/06/2015 in IA No.6349/201 WP(C)No.12054/2015	dated 5 in
Annexure R1(g)	True copy of the judgment 25/06/2015 in Writ Appeal No.1277/2	dated 015
Annexure R1(h)	A true copy of the order No.SVVS/ dated 22/08/2015	70/2015
Annexure R1(i)	A true copy of the judgement 08/01/2020 in University No.02/2017	dated Appeal
Annexure R1(j)	True copy of the DPS Agreement

Sree Vidhyadhiraja Homoeopathic Medical College v. Kesavendra Kumar IAS

Case brief

What is this about?

What did the court decide?

Sree Vidhyadhiraja Homoeopathic Medical College v. Kesavendra Kumar IAS

Case brief

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What did the court decide?

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