High Court of KeralaCon.Case(C)/1351/2015closed

Sachin.S v. Dr. Inder Jit Sing

2015-09-17Honourable The Chief Justice Mr.Ashok Bhushan3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 Con.Case(C).No. 1351 of 2015 (S) IN WP(C).29881/2012 ------------------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 29881/2012 DATED 05-03-2015 ....................

PETITIONER/PETITIONER :

------------------------------ SACHIN.S., AGED 24 YEARS, S/O.K.SADANANDAN, CHANDRODAYAM WELFARE ROAD, SOUTH JANATHA ROAD, PALARIVATTOM, PIN-682 025, ERNAKULAM DISTRICT. BY ADV. SRI.N.RADHAKRISHNAN RESPONDENT/1ST RESPONDENT :

-------------------------------------- DR. INDER JIT SING, (AGE AND FATHER'S NAME IS NOT KNOWN TO THIS PETITIONER), THE PRINCIPAL SECRETARY TO GOVERNMENT, BACKWARD DEVELOPMENT DEPARTMENT, GOVT. OF KERALA.

BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Ashok Bhushan, C.J. & K. Vinod Chandran, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 1351 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of September, 2015

JUDGMENT

Ashok Bhushan, C.J.

This petition has been filed for initiating contempt proceedings for violation of the directions contained in the judgment dated 05.03.2015 passed in W.P.(C) No. 29881 of 2012.

2. Learned counsel for the applicant submits that after the judgment of this Court the State of Kerala by subsequent order dated 28.07.2015 has rejected the claim of the petitioner which is nothing but contempt of the directions of the Court. It is submitted that this Court has clearly found that the rejection of the claim of the petitioner is unjustified.

3. We have considered the submissions and perused the records. The Division Bench vide its order disposed the writ petition setting aside the rejection of claim of petitioner and directed the 1st respondent to reconsider the claim of the petitioner and to pass fresh orders within three

Contempt Case (Civil) No.1352 of 2015 -:2:- months. After the order of the Court, the matter was reconsidered and fresh order has been passed on 28.07.2015. We thus do not find any willful disobedience of the order of the Court inviting contempt proceedings. Hence the Contempt Case is closed. It shall however be open for the petitioner to challenge the order of Government in accordance with law, if so advised.

Ashok Bhushan, Chief Justice.

K. Vinod Chandran, Judge.

ttb/17/09