Biju Augustine vs Jose James

Type Court Judgment Court Kerala Decided Feb 28, 2022

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Citation: sooperkanoon.com/1448667
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Feb 28, 2022
Case Number: Con.Case(C)/266/2022

Parties & Advocates

Appellant / Petitioner

Biju Augustine

Respondent

Jose James

Excerpt

.....r.muraleekrishnan (malakkara)this contempt of court case (civil) having come up for admission on 28.02.2022, the court on the same day delivered the following: -2-p.v.kunhikrishnan, j.================================================= cont.case (c) no. 266 of 2022 ============================================================= dated this the 28th day of february, 2022judgmentthe above contempt of court case is filed alleging violation of the directions in annexure a judgment dated 09.11.2021 in wp(c) no.28257 of 2020, which is extracted here: “(i) respondents 2 and 3 are directed to take necessary steps to complete the financial audit, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of thisjudgment.(ii) immediately after the above period, respondents2 and 3 will disburse the amount, if any, due to the petitioner forthwith, at any rate, within two weeks from the date on which the financial audit is completed as directed above.”the respondents filed counter affidavit in which it is stated that the financial audit was completed and an amount of rs.5,49,141.75/- is due to the petitioner from the government -3- after the permissible deductions. the amount due to the petitioner after final audit is transferred to adimali grama panchayat, the 4th respondent in the writ petition. in such circumstances, there is no contempt in this case. in the light of the averments in the above counter affidavit, this contempt of court case is closed. sd/- p.v.kunhikrishnan judge das -4- appendix of con.case(c) 266/2022 petitioner annexuresannexure a true certified copy of the judgmentdated 09.11.2021 in w.p.(c) no.28257/2020

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 28TH DAY OF FEBRUARY 2022 / 9TH PHALGUNA, 1943 CON.CASE(C) NO. 266 OF 2022 PETITIONER/S: BIJU AUGUSTINE, AGED 52 YEARS SO K A AUGUSTINE, KUMPUCKAL HOUSE, KALIYAR PO, THODUPUZHA, IDUKKI DISTRICT. IDUKKI, PIN - 685607 ANIL GEORGE JOBY JACOB PULICKEKUDY RESPONDENT/S:
1 JOSE JAMES, AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER, REGIONAL PROJECT DIRECTOR,JALANIDHI, REGIONAL PROJECT MANAGEMENT UNIT, IDUKKI, KERALA RURAL WATER SUPPLY AND AGENCY, MATHA ARCADE, THODUPUZHA, PIN - 685584 2 S. VENKATESAPATHY IAS AGE AND FATHER’S NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE DIRECTOR, JALANIDHI, KRWSA, PTC TOWERS, SS KOVIL ROAD, THAMPANOOR, TRIVANDRUM, PIN - 695014 D.KISHORE R.MURALEEKRISHNAN (MALAKKARA)
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-
P.V.KUNHIKRISHNAN, J.

================================================= Cont.Case (C) No. 266 of 2022 ============================================================= Dated this the 28th day of February, 2022

JUDGMENT

The above Contempt of Court case is filed alleging violation of the directions in Annexure A judgment dated 09.11.2021 in WP(C) No.28257 of 2020, which is extracted here: “(i) Respondents 2 and 3 are directed to take necessary steps to complete the financial audit, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this

judgment.

(ii) Immediately after the above period, respondents

2 and 3 will disburse the amount, if any, due to the petitioner forthwith, at any rate, within two weeks from the date on which the financial audit is completed as directed above.”

The respondents filed counter affidavit in which it is stated that the financial audit was completed and an amount of Rs.5,49,141.75/- is due to the petitioner from the Government -3- after the permissible deductions. The amount due to the petitioner after final audit is transferred to Adimali Grama Panchayat, the 4th respondent in the writ petition. In such circumstances, there is no contempt in this case. In the light of the averments in the above counter affidavit, this contempt of court case is closed. sd/- P.V.KUNHIKRISHNAN JUDGE das -4- APPENDIX OF CON.CASE(C) 266/2022 PETITIONER ANNEXURES

Annexure A TRUE CERTIFIED COPY OF THE JUDGMENT

DATED 09.11.2021 IN W.P.(C) NO.28257/2020

Same Court & Year Kerala · 2022 Same Parties Biju Augustine vs Jose James Same Judge Honourable Mr. Justice P.V.Kunhikrishnan