Suo Motu v. Phalgunan, S/O.K.Krishnan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 Con.Case(C).No. 164 of 2015 (S) IN WP(C).13971/2014 ----------------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 13971/2014 of HIGH COURT OF KERALA DATED 10-11-2014 PETITIONER(S):

-------------- SUO MOTU BY ADV. ..

RESPONDENT(S):

-------------- PHALGUNAN, S/O.K.KRISHNAN S/O.K.KRISHNAN, ASSISTANT EDUCATIONAL OFFICER THALASSERY NORTH, KANNUR DISTRICT.

BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- Cont.Case (C).No. 164 of 2015 ---------------------------------------------- Dated this the 23rd February, 2015

JUDGMENT

Shaffique, J.

This is a suo motu contempt initiated by this Court against the respondent for non compliance with the direction issued as per an interim order dated 3.6.2014 of this Court in W.P(C).No.13971 of 2014 without reference to the interim order the respondent issued an order dated 21.3.2014 which was challenged before this Court in another Writ Petition, W.P(C).No.29286 of 2014. When the said Writ Petition came up for consideration on 10.11.2014 before the learned Single Judge, the learned Single Judge suspended operation of the order dated 21.7.2014 and initiated suo motu contempt.

2. In the affidavit filed before this Court, the respondent submitted that the order came to be passed only on account of a mistake and fresh order dated 25.11.2014 has been issued implementing the order

Cont.Case(C).164/15 dated 3.6.2014 in W.P(C).No.13971 of 2014. Exhibit R1(a) is the said order. In paragraph 5 of the affidavit the respondent has also tendered unconditional apology for the mistake committed by him.

Under such circumstances, since the respondent has unconditionally apologised before this Court for the mistake committed, which was contrary to the direction issued as per interim order dated 3.6.2014 in W.P(C). No.13971 of 2014, and that the order has already been implemented, we accept the apology of the respondent and close the matter.

ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs23/2/15