IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Con.Case(C).No. 1067 of 2009(S) --------------------------------------- PETITIONER: ------------------- SUMA MATHEW, W/O. LATE JOY C. GEORGE, AGED 49 YEARS, HIGHER SECONDARY SCHOOL TACHER (COMMERCE), SMV HIGHER SECONDARY SCHOOL, POONJAR. BY ADV. SRI.SHAJI THOMAS PORKKATTIL RESPONDENT: --------------------- JAMES VARGHESE, S/O. VARGHESE, AGED ABOUT 51 YEARS, SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- C.0.C. No. 1067 of 2009 ------------------------------------ Dated this the 24th day of November, 2009 J U D G M E N T Alleging that the respondent has wilfully and deliberately disobeyed the direction issued by the court, the writ petitioner has filed this Contempt Case. 2. When the Contempt Case came up for hearing on 10.09.2009, the following order was passed: “Issue urgent notice to the respondent. Respondent shall appear in person. However, it is made clear that the respondent need not appear if the direction in the judgment is complied with and a proper application is filed seeking condonation of delay in complying with the direction in the judgment.” 3. Since the respondent filed an application for exemption from personal appearance, the case was posted on 24.09.2009. On that day, the following order was passed: “An order dated 10th September 2009 was passed directing the respondent to appear in person if the direction in the C.0.C. No. 1067 of 2009 2 judgment was not complied with. An affidavit is filed by the Secretary to the Government (General Education Department) stating that against the decision of the Division Bench in Writ Appeal, the State has filed Special Leave Petition before the Supreme Court as SLP (C) No.21778/2009. In the facts and circumstances of the case, personal appearance of the respondent is dispensed with. In view of the pendency of the Special Leave Petition, post after two months.” 4. It is submitted that the Special Leave Petition is pending before the Supreme Court. In the facts and circumstances of the case, the Contempt Case is closed with liberty to the petitioner to file another Contempt Case, if it becomes necessary, after the disposal of the case before the Hon'ble Supreme Court. K.T. SANKARAN, JUDGE. ln