High Court of KeralaCon.Case(C)/470/2015closed

Shibukumar S v. Elenkovan

2015-04-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 Con.Case(C).No. 470 of 2015 (S) -------------------------------- ORDER IN WP(C) 6096/2015 DATED 25-02-2015 PETITIONERS:

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1. SHIBUKUMAR S, AGED 37 YEARS S/O.SASIDHARAN NAIR, PUTTUMPURATH VEEDU, CHATHNPADU POTHANKODU PO, THIRUVANANTHAPURAM - 695 584.

2. SREEKANTH, S/O.AYYAPPAN NAIR, AGED 37 YEARS POYYOORKONATH VEEDU AZHAKAM, KANDALA PO THIRUVANANTHAPURAM - 695 512.

BY ADV.SMT.KEERTHI SOLOMON RESPONDENTS:

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1. ELENKOVAN, AGED ABOUT 52 YEARS, FATHERS NAME AND RESIDENTIAL ADDRESS ARE NOT KNOWN TO THE PETITIONER SECRETARY TO THE GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM - 695001.

2. BIJU PRABHAKARAN, AGED 48 YEARS FATHER'S NAME AND RESIDENTIAL ADDRESS ARE NOT KNOWN TO THE PETITIONER, DISTRICT COLLECTOR AND CHAIRMAN HOSPITAL DEVELOPMENT SOCIETY THIRUVANANTHAPURAM MEDICAL COLLEGE, THIRUVANANTHAPURAM- 695001.

3. MOHANDAS FATHER'S NAME AND RESIDENTIAL ADDRESS ARE NOT KNOWN TO THE PETITIONER, THE SECRETAY AND CONVENER HOSPITAL DEVELOPMENT SOCIETY (SUPERINTENDENT) MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM-695001.

R2&3 BY ADV. SRI.GOPAKUMAR R.THALIYAL R2&3 BY ADV. SRI.M.S.VIJAYACHANDRAN BABU R BY SENIOR GOVERNMENT PLEADER SRI. V. VIJULAL THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Con.Case(C).No. 470 of 2015 (S) APPENDIX PETITIONER(S)'S EXHIBITS:

---------------------- ANNEXURE A1: TRUE COPY OF THE INTERIM ORDER DATED 25.2.2015 IN WRIT PETITION (CIVIL) NO.6096/2015 PASSED BY THIS HON'BLE COURT. ANNEXURE A2: TRUE COPY OF THE ORDER OF THIS HONOURABLE COURT DATED 13.3.2015.

RESPONDENT'S EXHIBITS:

---------------------- ANNEXURE R3(A): TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN WP.(C) NO.21035/2011 DATED 22.11.2011. ANNEXURE R3(B): TRUE COPY OF LETTER DATED 5.3.2013. ANNEXURE R3(C): TRUE COPY OF LETTER DATED 21.6.2014. ANNEXURE R3(D): TRUE COPY OF LETTER DATED 18.2.2015. ANNEXURE R3(E): TRUE COPY OF LETTER DATED 19.2.2015. ANNEXURE R3(F): TRUE COPY OF LETTER DATED 25.2.2015. ANNEXURE R3(G): TRUE COPY OF LETTER DATED 25.2.2015. ANNEXURE R3(H): TRUE COPY OF THE POSTAL COVER. ANNEXURE R3(I): TRUE COPY OF THE POSTAL COVER. TRUE COPY PA TO JUDGE Scl.

A.MUHAMED MUSTAQUE, J.

------------------------------------- C.C.(C) No.470 of 2015 ------------------------------ Dated this the 8th day of April, 2015.

JUDGMENT

This Court passed an order on 25.2.2015 as follows: "Notice before admission to respondents 2 and 3. Learned Government Pleader takes notice for 1st respondent.

If the petitioners have not been relieved from the present post, there shall be an interim stay against the operation of Ext.P5, so far it relates to the petitioners for a period of two weeks."

In this matter, a detailed counter affidavit has been filed by the respondents. It is stated that the petitioners have been relieved as per the order dated 19.2.2015 with effect from 20.2.2015. On account of the fact that since the petitioners did not report the duty thereafter, a letter was sent on 25.2.2015 to each petitioners with a direction to report for duty within 3 days. Petitioners' case is that they have put the attendance register on 27.2.2015. Therefore, these documents would evidence that are created for the purpose of defending the illegal action of the violation of the interim order passed by this Court. The fact remains that they have not put any attendance from 20.2.2015 to

C.C.(C) No.470 of 2015 -225.2.2015 and therefore absence from the duty by the petitioners cannot be taken advantage against the respondents. This Court already disposed of the writ petition by directing respondents not to take any action against the petitioners for remaining absent based on the interim order of this Court. In that view of the matter, I am of the view that, no contempt is made out against the respondent. Accordingly, it is closed. Sd/- A.MUHAMED MUSTAQUE JUDGE Scl.