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2013 Supreme(Ker) 752

K. R. Jyothilal Ias, Secretary to Government of Kerala, General Administration Department – Appellant
Versus
Mathai M. J. , Assistant Development Commissioner – Respondent


Advocates appeared:
For the Appellants:K.P. Dandapani, Advocate General, Mrs. Girija Gopal, Spl. Government Pleader.
For the Respondent:Elvin Peter P.J. T.G. Sunil (Pranavam), K.R. Ganesh, Advocates.

Judgment :

Manjula Chellur, C.J.

1. In brief, the facts that led to filing of the above Contempt Appeals are as under: Appellants in Cont.Appeal Nos.3 and 4 of 2013 are serving as Secretaries to Government General Administration Department and Commissioner of Rural Development respectively. These Contempt Cases came to be filed complaining non compliance of the judgment of the learned Single Judge in W.P(C).No.27029/2008. Annexure-R1(a) is the proceedings already issued by the State Government based on the directions in the Writ Petition. The first appellant had filed a detailed affidavit before the learned Single Judge.

2. According to the appellants, a circular was issued as per Annexure-R1(b) based on Division Bench judgment of this Court which resulted in repatriation of the respondent. Despite the above position, the learned Judge directed appearance of the appellants.

3. Cont.Appeal.No.5/2013 is in relation to an order dated 19.06.2013 directing the appellants, who were respondents before the learned Single Judge to appear before the Court on 28.06.2013. The contempt case was filed alleging violation of the directions in the judgment in W.P(C).No.38052/ 2007.

4. In this case also
































































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