V.N.Jayakumar v. Biju Prabhakar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 Con.Case(C).No. 152 of 2015 (S) IN WP(C).20144/2014 ----------------------------------------------------- AGAINST THE ORDER IN WP(C) 20144/2014 of HIGH COURT OF KERALA DATED 28-08-2014 PETITIONER(S):

----------------- V.N.JAYAKUMAR, AGED 46 YEARS S/O.NARAYANAN, RESIDING AT KALATHUPADI VATTAKUNNEL VEEDU, VIJANAPURAL VILLAGE, KOTTAYAM PIN-686652.

BY ADVS.SRI.M.RAJENDRAN NAIR SMT.M.SANTHY RESPONDENT(S):

----------------- BIJU PRABHAKAR S/O.PRABHAKARAN, DISTRICT COLLECTOR, COLLECTORATE KUDAPPANAKUNNU, THIRUVANANTHAPURAM DISTRICT-695043. BY GOVERNMENT PLEADER SRI.N.SURESH THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

C.O.(C).152/15 APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1:CERTIFIED COPY OF THE INTERIM ORDER IN W.P.(C). NO.20144/2014 DATED 28.8.2014.

RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A.TO JUDGE

C.T.RAVIKUMAR, J.

======================== C.O.(C).No.152 OF 2015 ======================== Dated this the 17th day of March, 2015

JUDGMENT

It is alleging wilful disobedience with the directions of this Court in the order dated 28.8.2014 in W.P.(C).No.20144 of 2014 that this contempt case has been filed. As per the said order, this Court directed the second respondent therein to deposit an amount of Rs.25 lakhs before the Sub Court, Thiruvananthapuram in E.P.No.285/2008 in LAR No.113/2007. The Sub Court was further directed to pass appropriate orders for releasing the amount, if deposited, to the petitioner in accordance with law. When this matter is taken up for consideration, the learned Government Pleader, based on the instructions furnished, submitted that after deducting an amount of Rs.2,50,000/- towards income tax under section 194 (4) of the Income Tax Act for the amount of Rs.25 lakhs, the remaining amount viz., Rs.22,50,000/- was deposited before the Sub Court, Thiruvananthapuram vide D' Form cheque No.018983 dated 02.03.2015. This is recorded. Needless to

C.O.(C).152/15 say that in the light of the order dated 28.8.2014, the Sub Court, Thiruvananthapuram shall pass appropriate orders for releasing the said amount to the petitioner. Recording the above, this contempt case is closed.

Sd/- C.T.RAVIKUMAR, JUDGE