IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Con.Case(C).No. 1001 of 2011(S) ----------------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1963/2011 Dated 08/04/2011 .................... PETITIONER(S): ------------------------- K.S.RADHU, AGED 49 YEARS, S/O.P.SREEDARAN, KONNAKERIYIL HOUSE, ALUPURAM, KUTTIKATTUKARA-PIN-683 503. BY ADV. SRI.P.KESAVAN NAIR SRI.K.G.CLEETUS RESPONDENT(S): --------------------------- 1. T.M.JOSEPH, FATHER'A NAME & AGE NOT KNOWN TO THE PETITIONER, MANAGER/DIRECTOR, REGIONAL OFFICE, ESI CORPORATION PANCHADEEP HOUSING COMPLEX, NORTH SWARAJ ROUND, THRISSUR-680 020. 2. B.V.SUBRAMANIAN, FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONER, REGIONAL MANAGER/DIRECTOR, SUB REGIONAL OFFICE, ESI CORPORATION, MALU'S COMPLEX, ST.FRANCIS CHURCH ROAD, KALOOR, KOCHI-682 017. 3. MARY J.MANDY, FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONER, MANAGER, BRANCH OFFICE, E.S.I. CORPORATION, UDYOGAMANDAL – 683 501. R1 TO R3 BY ADV.SRI.P.SANKARANKUTTY NAIR,SC, ESI CORPORATION THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts COC.NO.1001/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1 COPY OF THE JUDGEMENT DATED 8/4/2011 IN WP(C)NO.1963/2011. ANNEX A2 COPY OF THE REFERENCE LETTER ISSUED BY DR.GEETHA PHILIP OF LOURDES HOSPITAL. ANNEX A3 COPY OF THE ENTITLEMENT CERTIFICATE DATED 29/6/2011 ISSUED BY THE 3RD RESPONDENT. ANNEX A4 COPY OF THE ENTITLEMENT CERTIFICATE DATED 3/8/2011 ISSUED BY THE 3RD RESPONDENT. ANNEX A5 COPY OF THE LETTER DATED 13/7/2011 ISSUED BY THE 2ND RESPONDENT. ANNEX A6 COPY OF THE MEDICAL REIMBURSEMENT CLAIM PREPARED BY THE INSURANCE MEDICAL OFFICER, ESI DISPENSARY, UDYOGAMANDAL. ANNEX A7 COPY OF THE CHEQUES DATED 26/8/2011 ISSUED BY THE RESPONDENTS. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- Contempt Case (C) No. 1001 of 2011 ------------------------------- Dated this the 30th day of September, 2011 J U D G M E N T This contempt case is filed alleging that the respondent has willfully disobeyed the direction issued by this Court in Annexure- A1 judgment in W.P.(C) No.1963 of 2011. It is stated that as against the claim for Rs.3,00,817.85, the sum of Rs.38,710/- alone was paid. 2. By Annexure-A1 judgment, this Court directed the respondents herein to reimburse the medical expenses incurred by the petitioner for the treatment of his father in Lourdes Hospital, Ernakulam in October-November, 2010. The allegation in this contempt case is that though expenses incurred by the petitioner for the said treatment were reimbursed, the expenses incurred for subsequent treatment were not reimbursed. In my opinion the said claim is patently unsustainable. By Annexure-A1 judgment, this Court directed reimbursement of the expenses incurred by the petitioner for the treatment of his father in Lourdes Hospital, Ernakulam during October-November, 2010. The petitioner has no case that the expenses incurred for the said treatment have not been reimbursed. His claim is that besides the said amount, other amounts are also due. In my opinion, if besides the payment directed to be made by this COC.No.1001 of 2011 2 Court, the petitioner has any other claim for reimbursement and such claim has not been entertained or has been rejected, it is for the petitioner institute appropriate proceedings seeking redressal of his grievances in that regard. I, therefore, find no grounds to entertain the contempt case or to proceed against the respondents. The contempt case fails and it is dismissed. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- Contempt Case (C) No.1001 of 2011 JUDGMENT Dated:- 30th September, 2011 --------------------------------------