IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 Con.Case(C).No. 737 of 2008(S) ----------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36008/2007 Dated 05/12/2007 .................... PETITIONERS/PETITIONERS : ------------------------------------------ 1. SUNIL BABU P.P., AGED 28 YEARS, SON OF MOHAMMED PALATH, PULIKKOTTIL HOUSE, AMARAMBALAM, MALAPPURAM. 2. SHAJI K.C., AGED 28 YEARS, SON OF BEERANKUTTY, CHELLAKODY KOORAD, MALAPPURAM. BY ADV. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY RESPONDENT/1ST RESPONDENT IN THE WP(C) : --------------------------------------------------------------------- JAMES VARGHESE AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS NOW WORKING AS THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== C.O.C.No. 737 OF 2008 ==================== Dated this the 1st day of July, 2008. J U D G M E N T The petitioners contention is that although orders have been passed pursuant to Annexure 1 judgment, the same was passed without affording an opportunity of being heard to the petitioners. They submit that the notice of hearing reached the petitioners only on 6.2.2008, whereas the hearing was scheduled to be conducted on 4.2.2008. They have also produced the cover containing the notice which would go to show that the petitioner received the notice only after 4.2.2008. 2. In the above circumstances, the learned Government Pleader submits that the matter would be reheard and fresh orders passed. For this purpose, the petitioner would appear before the State Secretary, General Education Department, on 16.7.2008. On that day the Secretary shall either hear the petitioner or fix another date of hearing, within two weeks therefrom, on which date the petitioner shall be present for the hearing and he shall be heard, whereafter fresh fresh orders as contemplated in the judgment shall be passed. Accordingly, the contempt case is closed with the above directions. S.SIRI JAGAN, JUDGE bkn/-