Mohammed Shereef vs. Sabu K.M.
Facts
This case is a Contempt of Court Case (Civil) filed by Mohammed Shereef, proprietor of Hayat Traders, against Sabu K.M., a State Officer of the Kerala SGST Department. The contempt case arises from a previous writ petition, WP(C) No. 23397/2020, and a related review petition, R.P.No.930 of 2020. The petitioner alleges non-compliance with an order passed by the High Court. The specific order that was allegedly not complied with pertains to the refund of an excess amount collected from the petitioner. The contempt petition was filed to ensure compliance with the court's earlier directions.
Held
The Court noted that an order had been passed in R.P.No.930 of 2020 in W.P(C).No.23397 of 2020. Based on this order, the Contempt of Court Case was closed. The Court directed the respondents to ensure that the excess amount of Rs. 25,000/- collected from the petitioner is refunded to him forthwith, and at any rate within two weeks from the date of the order (December 16, 2020). The reasoning for closing the contempt case appears to be the subsequent order in the review petition which presumably addressed the compliance issue, leading to the explicit direction for refund. The ratio decidendi is that compliance with court orders, especially concerning financial refunds, must be immediate and within the stipulated period, and failure to do so can lead to contempt proceedings, which are resolved upon satisfactory compliance.
Key Issues
1. Whether the respondent has wilfully disobeyed the order of this Court dated 02.11.2020 in WP(C).No.23397/2020, as modified by the order in R.P.No.930 of 2020, by failing to refund the excess amount collected from the petitioner within the stipulated time. The petitioner's contention, implicit in the filing of a contempt petition, is that the respondent has failed to comply with the court's order regarding the refund of Rs. 25,000/-, thereby constituting contempt. The respondent's side, represented by the Government Pleader, has not recorded any specific arguments in the provided judgment excerpt. However, the subsequent order indicates a resolution of the matter.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNE AY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942 Con.Case(C).No.1754 OF 2020 IN WP(C). 23397/2020 AGAINST THE ORDER/JUDGMENT DATED 02.11.2020 IN WP(C) 23397/2020(Y) OF HIGH COURT OF KERALA PETITIONER: MOHAMMED SHEREEF AGED 62 YEARS SON OF HUSSAIN , PROPRIETOR, HAYAT TRADERS, NELLIMALA BUILDINGS, K E ROAD, 1ST MILE, KANJIRAPALLY, KOTTAYAM-686 507. BY ADVS. DR.K.P.PRADEEP SHRI.HAREESH M.R. SRI.T.T.BIJU SMT.T.THASMI RESPONDENT: SABU K.M. S/O NOT KNOWN, STATE OFFICER, SURVELLLANCE SQUAD NO 1, KERALA SGST DEPARTMENT, MUTHANGA, WAYANAD- 673 592. BY GOVERNMENT PLEADER DR.SMT.THUSHARA JAMES THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Con.Case(C).No.1754 OF 2020 2 JUDGMENT In view of the order passed in R.P.No.930 of 2020 in W.P(C).No.23397 of 2020 the Contempt of Court Case is closed with a direction to the respondents to ensure that the excess amount of Rs.25,000/- collected from the petitioner is refunded to him forthwith and at any rate within two weeks from today.
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