IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Con.Case(C).No. 1574 of 2010(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.36376/2010 Dated 06/12/2010 .................... PETITIONER(S): --------------- DR.FATHAHUDEEN,S/O.ABDUL RASHEED, AGED 44 YEARS,ASSOCIATE PROFESSOR,DEPARTMENT OF PULMONARY MEDICINE,MEDICAL COLLEGE, THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. SRI.B.S.MAVOJI,(FATHER'S NAME & AGE: NOT KNOWN TO THE PETITIONER),SECRETARY TO GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. DR.V.GEETHA,(FATHER'S NAME & AGE : NOT KNOWN TO THE PETITIONER), DIRECTOROF MEDICAL EDUCATION,THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SUMANGALA P.N. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- C.O.C.No.1574 of 2010 --------------------------------------- Dated this the 21st day of March, 2011 JUDGMENT In W.P.(C) No.36376 of 2010 filed by the petitioner, Annexure A1 order was passed by which the operation and implementation of Exhibit P4 order was kept in abeyance. Annexure A1 order was passed on 6.12.2010. Before that order could be communicated, Exhibit P4 order was implemented at the end of respondents 1 and 2. Of course, Sri.T.P.Rajagpopal, who is the beneficiary of the order, had not taken charge at the Medical College, Kozhikode by the time, the interim order was granted. It is stated that the petitioner sent Annexure A5 SMS message to the Principal of the Medical College, Kozhikode informing him about the said order. The Principal of the Medical College, Kozhikode is not a respondent in the Writ Petition. Exhibit A6 is COC No.1574/2010 2 produced to show that information was given to the second respondent by e-mail about the said order. It is stated that the order was also attached with the e-mail. The special messenger deputed by this Court served notice on the respondents on 7.12.2010. Sri.Rajagopal joined duty at Kozhikode on 7.12.2010. 2. Learned counsel for the petitioner submitted that the second respondent even delayed the receipt of notice in the Writ Petition by directing the Special Messenger to serve the notice at her office at 10 A.M., when the special messenger attempted to serve the notice at her residence at 7 A.M. It is also pointed out that the post was also shifted to Kozhikode Medical College and therefore, the order transferring Rajagopal would take effect only when he joins there. He joined duty only on 7.12.2010 and by that time, the stay order was passed. It was communicated to the Principal, Medical COC No.1574/2010 3 College, Kozhikode and also to the second respondent. It is submitted that the second respondent should have given intimation to the Principal, Medical College, Kozhikode, so that Annexure A1 order could be implemented in letter and spirit. The second respondent did not do so and therefore, the respondents have committed contempt of court, submits the counsel. 3. It cannot be said that there was deliberate and willful disobedience of the order passed by this Court. The order was communicated officially only on 7.12.2010. By that time, the order which was stayed by Annexure A1 order was implemented. In so far as the respondents are concerned, their part of implementing Exhibit P4 order referred to in Annexure A1 interim order was implemented and the rest of the things had to be implemented at the Medical College, Kozhikode. In these circumstances, the respondents could COC No.1574/2010 4 not do anything in the matter, submits the learned Government Pleader. In the facts and circumstances mentioned above, it cannot be said that the respondents have willfully and deliberately violated the interim order passed by this Court. Certainly, this is not a matter for initiating Contempt of Court proceedings against the respondents. Therefore, the Contempt Case is dismissed. K.T.SANKARAN JUDGE csl