Kerala High Court
As 143/1994 Of High Court Of Kerala vs By Advs.Sri.M.P.Sreekrishnan on 9 January, 2018
Author: Antony Dominic
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE ACTING CHIEF JUSTICE MR.ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 9TH DAY OF JANUARY 2018 / 19TH POUSHA, 1939
Con.Case(C).No. 1844 of 2017 IN AS. 143/1994
AGAINST THE ORDER IN I.A.No.1187/2017 dtd. 7.7.2017 in
AS 143/1994 of HIGH COURT OF KERALA
PETITIONER/2ND RESPONDENT IN AS 143 OF 1994/Ist respondent in
I.A.1187/2017 in A.S.No.143/1994
KUMARI TAMPURATTI @ KRISHNA KUMARI.E.K
W/O. P.C. VIKRAMAN RAJA, KRISHNARAVINDHAM,
PURAMERI KOVILAKAM, PURAMERI P.O.,
VADAKARA.
BY ADVS.SRI.M.P.SREEKRISHNAN
SRI.A.MUHAMMED MUSTHAFA
RESPONDENTS:
1. ANNIE MOL GEORGE
AGED NOT KNOWN THE PETITIONER,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,
REGIONAL OFFICE, KOZHIKODE-673 001.
2. E.K. RAVI VARMA RAJA
MANAGER, KADATHANADU RAJAS HIGHER SECONDARY SCHOOL,
AGED 70 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER,
EDAVALATH KOVILAM, PURAMERI-673 503.
Addl.3. A.K.RAVI VARMA RAJA, aged 80,
KADATHANADU HOUSE, THARAKADU PO, PALAKKAD.
R3 BY ADV. SRI.C.S.MANILAL
R3 BY ADV. SRI.S.NIDHEESH
R1 BY ADV. GOVERNMENT PLEADER
R BY SRI.N.J.JOHNSON
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD
ON 09-01-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COC No.1844/2017
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A A TRUE COPY OF THE INTERIM ORDER IN AS 143 OF 1994 DTD.10.8.2016.
ANNEXURE B A TRUE COPY OF THE ORDER DTD.7.7.2017 IN I.A.1187/2017 IN
A.S.No.143/1994.
ANNEXURE C A TRUE COPY OF THE REPRESENTATION DTD. MAY, 2017.
RESPONDENT'S ANNEXURES:
ANN.R1(a) TRUE COPY OF THE PROCEEDINGS 5.1.2018 OF THE REGIONAL DEPUTY
DIRECTOR AND ITS ENGLISH TRANSLATION.
TRUE COPY
P.S.TO JUDGE
CSS/
Antony Dominic, Ag.C.J. & Dama Seshadri Naidu, J.
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COC No.1844 of 2017
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Dated this the 9th day of January, 2018
JUDGMENT
Antony Dominic, Ag.C.J. This Contempt Petition is filed alleging disobedience of Annexures A1 and A2 orders of this Court in A.S.No.143 of 1994. By Annexure-A1 order dated 10.8.2016, this Court had directed that appointment, if any, made in the school shall not be approved, pending disposal of the appeal. By Annexure-A2 order dated 7.7.2017, this Court clarified that though the appeal itself was disposed of in the meanwhile by judgment dated 29.11.2016, Annexure-A1 order as regards appointment and approval thereof will continue till a Manager is selected in the school itself. It is these orders which are allegedly disobeyed.
2. From the pleadings of the respondents, we find that the additional third respondent made the objectionable appointments on 1.6.2017 which was before Annexure-A2 order was passed by this Court on 7.7.2017. These appointments, were approved by the Government without being aware of Annexure-A2 order. Therefore, in their affidavit COC No.1844 of 2017 2 now filed before this Court they say that they have cancelled the approval of these two appointments. In such circumstances, this Contempt Petition is closed recording that the official respondents have by Annexure-R1(a) order cancelled the approval of appointments made by the first respondent on 5.1.2018.
sd/-Antony Dominic
Acting Chief Justice
sd/-Dama Seshadri Naidu
Judge
css/ true copy
P.S.TO JUDGE