IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 Con.Case(C).No. 548 of 2011(S) ------------------------------ AGAINST THE JUDGEMENT IN WA.2191/2005 .................... PETITIONER(S): PETITIONER IN W.A. --------------------------------- S.USHA, W/O.SRI.M.N.RAMACHANDRAN NAIR, MANGALASSERY HOUSE, ERUVA EAST P.O., KAYAMKULAM, PIN 690502. BY ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE SRI.M.A.ABDUL HAKHIM SRI.M.G.ANON RESPONDENT(S): 2ND RESPONDENT IN W.A. ------------------------------------- S.MAYADEVI, W/O.LATE SRI.K.MADHU, PULIYARA HOUSE, ERUVA EAST P.O., KAYAMKULAM, PIN 690502. ADV. SRI.N.ASHOK KUMAR FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- Cont.Case (C).No.548 of 2011 ---------------------------------------------- Dated this the 3rd day of June, 2011 JUDGMENT Antony Dominic, J. This petition has been filed alleging disobedience on the part of the respondent in complying with the directions in Annexure-I judgment. Annexure-I is the judgment rendered by a Division Bench of this Court with the following directions: “In the light of the order in the Review Petition and the writ appeal, we are of opinion that the right of the appellant to participate in the appointment of Manger has to be safeguarded effectively. Exts.P6 and P7 orders did not take into account such right of the appellant and the learned single Judge also did not advert to this aspect properly. In view of of the above, the writ appeal is partly allowed and we direct the Deputy Director of Education, Alapuzha, who is suo motu impleaded as additional 8th respondent in the writ appeal to convene a meeting of the appellant as well as the 2nd respondent within three months from today to elect a person as Manager of the School. A similar course was adopted by another Division Bench of this Court in W.A.No.2844 of 2001. If no consensus is arrived at, the Deputy Director of Education is free to pass appropriate orders for interim arrangement for discharging the functions of the Cont.Case.548/11 2 Manager of the School. Till the Deputy Director of Education conducts a meeting and ascertains the views of the parties and take a decision, the 2nd respondent will continue as Manager provided that she does not make any appointment of teaching or non-teaching staff of the School except appointment under Rule 51A and 51B of Chapter XIV-A of the K.E.R without the written consent of the appellant. The writ appeal is allowed in part and to the extent indicated above. The parties shall bear their costs in the writ appeal.” 2. According to the petitioner, contrary to the directions in the judgment the respondent made an appointment as per Annexure-2, which has been approved by the Government. It is stated that the said appointment and its approval have been challenged in W.P(C). No.12033 of 2011 and by Annexure-4 order, this Court has stayed the operation of the Government order approving the appointment. It is while so that this petition is filed seeking to initiate proceedings under the Contempts of Court Act against the respondent. 3. First of all, Annexure-1 judgment was rendered by this Court, as early as on 5th January, 2006. That apart, even according to the petitioner, the Deputy Director has not so far discharged his obligations under the judgment and it is obviously in such circumstances, the appointment in question has been made. Such appointment does not disclose any wilful disobedience of the direction in the judgment warranting proceedings under the Contempt of Courts Act. Cont.Case.548/11 3 4. We clarify that the observations in this judgment are not on the merits of the controversy, which is pending consideration of this Court in W.P(C).No.12033 of 2011. The Contempt of Court Case is, therefore dismissed. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs