Kerala High Court
/Petitioners In Op(Kat) vs /Respondent Nos.1 To 4 In The Op(Kat) on 14 September, 2015
Author: Anu Sivaraman
Bench: Thottathil B.Radhakrishnan, Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE ACTING CHIEF JUSTICE MR.THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 27TH DAY OF JUNE 2016/6TH ASHADHA, 1938
Con.Case(C).No. 887 of 2016 (S) IN OP(KAT).232/2014
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AGAINST THE ORDER/JUDGMENT IN OP(KAT) 232/2014 of HIGH COURT OF
KERALA DATED 14.09.2015
PETITIONER(S):/PETITIONERS IN OP(KAT)
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1. T.B.HARI
AGED 44 YEARS, S/O LATE BHASKARAN NAIR,
THEKKEDATHU HOUSE, EDANAD, CHOWWARA POST,
ALUVA 683 571.
NOW WORKING AS LAST GRADE SERVANT, TALUK OFFICE,
KUNNATHUNAD
2. ASSMA K.M.
AGED 42 YEARS, W/O K.M. HANEEFA,
KUTTATHIKUDIYIL HOUSE, PAZHACKAPPILLY,
MOOVATTUPUZHA,
NOW WORKING AS LAST GRADE SEVANT,
TALUK OFFICE, MOOVATTUPUZHA
3. BINDU K.R.
AGED 39, W/O BALAKRISHNAN P.O.,
PUTHENPURAYIL HOUSE, CSEZ POST,
THUTHIYOOR, KAKKANAD
NOW WORKING AS LAST GRADE SERVANT, COLLECTORATE,
KAKKANAD, ERNAKULAM
BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA)
RESPONDENT(S):/RESPONDENT NOS.1 TO 4 IN THE OP(KAT)
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1. SATHYAJITH RAJAN IAS
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS)
SECRETARY TO THE GOVERNMENT,
PESONNEL & ADMINISTRATIVE REFORMS RULES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
COC887/16
2. BISWAS METHA IAS,
(AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONERS)
THE ADDITIONAL CHEIF SECRETARY TO THE GOVERNMENT,
REVENUE (T) DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001
3. M C MOHANDAS
(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS)
THE LAND REVENUE COMMISSIONER,
LAND REVENUE COMMISSIONERATE,
THIRUVANANTHAPURAM - 695 001
4. M G RAJAMANICKAM`
(AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONERS)
DISTRICT COLLECTOR, ERNAKULAM DISTRICT,
KAKKANAD, ERNAKULAM - 682 011
BY ADV.GIRIJA GOPAL, SPL.GOVERNMENT PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 27-06-2016, ALONG WITH COC. 890/2016, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
jg-27/6
THOTTATHIL B.RADHAKRISHNAN, Ag.CJ &
ANU SIVARAMAN, J.
....................................................................
COC Nos.887 and 890 of 2016
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Dated this the 27th day of June, 2016.
J U D G M E N T
Thottathil B.Radhakrishnan, Ag.CJ.
These cases are filed seeking to invoke jurisdiction of this Court complaining that there is violation of the directions contained in the common judgment. We need to note that in jurisdiction under Article 226 or Article 227 of the Constitution of India, this Court had only exercised jurisdiction in such a manner which results in reversing or modifying the decision of the Kerala Administrative Tribunal applying the doctrine of merger. It has to be taken that such modified decision can be enforced, appropriately, before the Tribunal itself, rather than hopping to this Court for relief. We, accordingly, close these contempt of court cases with liberty to the petitioners to seek remedy before the Tribunal.
(THOTTATHIL B.RADHAKRISHNAN, AG. CHIEF JUSTICE) (ANU SIVARAMAN, JUDGE) jg-27/6