Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944 CON.CASE(C) NO. 453 OF 2022 AGAINST THE ORDER/JUDGMENTWP(C) 11662/2021 OF HIGH COURT OF KERALA PETITIONER:
SEBASTIAN JOSE, AGED 38 YEARS S/O.K.P.JOSE, RESIDING AT KOORAN KALLUKARAN HOUSE, PULLIYANAM P.O,ANGAMALY, ERNAKULAM-683 572 BY ADV Manu Govind RESPONDENTS/2ND & 3RD RESPONDENTS:
1 P.S.RAJEEV AGE AND NAME OF FATHER UNKNOWN TO THE PETITIONER, MANAGING DIRECTOR, THE KERALA LAND DEVELOPMENT CORPORATION LIMITED, TC 11/570, MUSEUM BAINS COMPOUND, KOWDIAR P.O, TRIVANDRUM 695 003.
2 SMT. P.K. SHALINI, AGE AND NAME OF FATHER UNKNOWN TO THE PETITIONER,THE CONSTRUCTION ENGINEER, KLDC LTD., THRISSUR, 28/725, CHEMBUKAVU, NEAR RAMA NILAYAM, THRISSUR 680 020.
BY ADVS.
M.KABANI DINESH Kumar A P.J.ANILKUMAR(K/265/1988) G.MINI(1748)(K/1748/1995) P.S.SREE PRASAD(K/1181/2009) JOB ABRAHAM (MAH/006468/2007) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 453 OF 2022 2 BECHU KURIAN THOMAS, J.
----------------------------------------- CON.CASE(C) NO. 453 OF 2022 ---------------------------------------- Dated this the 10th day of October, 2022 JUDGMENT This Contempt was filed on 22-02-2022 alleging disobedience to the judgment of this Court dated 13-09-2021 in W.P.(C)No.11662 of 2021.
2. Initially when the contempt petition came up it was submitted that a writ appeal, filed at the instance of the respondents in the writ petition, was pending consideration. The matter was adjourned dispensing with the personal appearance of the contemners on the basis of the aforesaid submissions. Later, it was submitted that the writ appeal was dismissed affirming the judgment of the learned Single Judge.
3. As per the judgment in the writ petition, respondents were directed to pay the GST component against the bills raised by the writ petitioner within three months from the date of receipt of a copy of this judgment. Obviously, the judgment created a financial obligation upon the respondents.
4. Petitioner was vehemently prosecuting the writ petition and even this contempt petition. However, during the course of proceedings in contempt, suddenly petitioner filed I.A.No.3 of 2022
CON.CASE(C) NO. 453 OF 2022 3 requesting the acceptance of Annexure-R1, stating that petitioner has tendered for other contract works invited by the Kerala State Construction Corporation and that he is not interested to pursue the contempt case further. The first contemner has also filed an affidavit stating that the petitioner had intimated his disinclination to pursue this contempt.
5. On an anxious consideration of the application of the petitioner to withdraw this contempt and also the surrounding circumstances, I am of the view that the withdrawal petition has something more than what meets the eye.
6. However, having regard to the petitioner's disinterestedness to pursue this contempt, I am of the view that this Court should not waste its time further, on this matter, especially since petitioner has on his own volition deprived himself of the fruits of the judgment.
7. Petitioner as well as the respondents were instrumental in wasting the precious time of this Court for several days in the writ petition, in the writ appeal and again in this contempt petition. The said wastage of time ought to be compensated appropriately.
Therefore, I permit this contempt petition to be withdrawn, but on terms.
CON.CASE(C) NO. 453 OF 2022 4 8. Considering the time spent by this Court, I impose a cost of Rs.25,000/- on the petitioner to be paid to the Kerala Legal Services Authority, within three weeks from today. The amount so deposited shall be utilised for legal aid to deserving persons/litigants.
This Contempt Petition is thus dismissed as withdrawn on costs of Rs.25,000/- (Twenty Five Thousand only) payable by the petitioner to the Kerala State Legal Services Authority, High Court of Kerala.
Sd/- BECHU KURIAN THOMAS JUDGE AJM/12/10/22
CON.CASE(C) NO. 453 OF 2022 5 APPENDIX OF CON.CASE(C) 453/2022 PETITIONER ANNEXURES Annexure i CERTIFIED COPY OF THE JUDGMENT DATED 13.09.2021 IN W.P.C NO. 11662 OF 2021.
RESPONDENT ANNEXURES Annexure R2(a) True copy of the letter dated:20/07/2022 Annexure R2(a) True copy of the letter dated:20/07/2022 //TRUE COPY// PA TO JUDGE