A.Abdul Vahid v. P.Pukazhenthi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 Con.Case(C).No. 1408 of 2014 (S) IN WP(C).20710/2013 ----------------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 20710/2013 of HIGH COURT OF KERALA DATED 20.11.2013 PETITIONER:
----------- A.ABDUL VAHID, AGED 53 YEARS S/O.ABDUL KARIM, PALLIKIZHAKATHIL;, KUMMANNUR P.O KONNI, PATHANAMTHITTA 689 691 BY ADVS.SRI.SHABU SREEDHARAN SRI.TONY THOMAS (INCHIPARAMBIL) SMT.RESHMA ABDUL RASHEED RESPONDENT:
----------- P.PUKAZHENTHI (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) THE CHIEF CONSERVATOR OF FOREST SOUTHERN CIRCLE, KOLLAM 691 001 R BY SPECIAL GOVERNMENT PLEADER SRI. M.P. MADHAVANKUTTY THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CONT. CASE NO. 1408 OF 2014 APPENDIX PETITIONER'S ANNEXURES :
ANNEXURE 1 : THE CERTIFIED COPY OF THE JUDGMENT IN W.P.(C) NO. 20710 OF 2013 DATED 20.11.2013 ANNEXURE 2 : THE TRUE COPY OF THE REPRESENTATION DATED 16.12.2013 /TRUE COPY/ P.A. TO JUDGE
P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~ Cont. Case (C) No. 1408 of 2014 against W.P.(C) No. 20710 of 2013 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 8th day of July, 2015
JUDGMENT
The writ petition was disposed of with the following directions :
"4.............. The petitioner is set at liberty to file a proper representation before the second respondent forthwith, upon which the same shall be caused to be considered and due amount, if any, shall be released to the petitioner, at the earliest. It is made clear,this will not bar the way of the respondents in proceeding with the vigilance case/enquiry, which is stated as pending against the petitioner."
2. Alleging wilful disobedience of the aforesaid direction, the petitioner has approached this Court by filing the present contempt matter. An affidavit has been filed from the part of the respondent stating that the direction given by this Court has been complied with, by passing orders on the representation filed by the petitioner, causing disbursement of the due amount as borne by Annexure R1(a)
Cont. Case (C) No. 1408 of 2014 : 2 :
dated 03.12.2014. Paragraph 5 of the said affidavit is relevant, which reads as follows :
"5. It is respectfully submitted that this respondent has already complied with the directions contained in Annexure I judgment. The representation submitted by the petitioner has been disposed of and the due amount to the petitioner (Rs.3,43,260/-) has been paid to him vide cheque bearing No. 250240 dated 13.02.2015. There is no amount due towards him. I am hereby producing the proceedings dated 03.02.2014 bearing No. QC4 7261/13 whereby the representation submitted by the petitioner has been disposed of. A true copy of the proceedings dated 03.12.2014 bearing No. QC4 7261/13 is produced herewith and marked for identification as Annexure R1(a)."
3. The learned counsel for the petitioner points out, with reference to the affidavit dated 31.03.2015, that the actual amount due to the petitioner has not been released so far. It is stated that an amount of Rs.77,695/- is still to be disbursed to him.
4. After hearing both the sides, this Court finds that the dispute with regard to the quantum cannot form the subject matter
Cont. Case (C) No. 1408 of 2014 : 3 :
of the contempt matter. If the petitioner is aggrieved in any manner, it is always open for him to have it challenged by way of appropriate proceedings.
Without prejudice to the rights of the petitioner as above, the contempt matter is disposed of.
Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd