2025 Supreme(Ker) 1620
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J.
Aliyamma James, W/o. James – Petitioner
Versus
N.S.K Umesh – Respondent
Con.Case(C) No. 205 Of 2025, Con.Case(C) No.73 Of 2025, Con.Case(C) No.76 Of 2025, Con.Case(C) No.79 Of 2025, Con.Case(C) No.82 Of 2025, Con.Case(C) No. 84 Of 2025, Con.Case(C) No.87 Of 2025, Con.Case(C) No. 90 Of 2025, Con.Case(C) No. 92 Of 2025, Con.Case(C) No. 173 Of 2025, Con.Case(C) No. 176 Of 2025, Con.Case(C) No. 178 Of 2025, Con.Case(C) No. 179 Of 2025, Con.Case(C) No. 181 Of 2025, Con.Case(C) No. 182 Of 2025 Con.Case(C) No. 183 Of 2025, Con.Case(C) No.191 Of 2025, Con.Case(C) No. 194 Of 2025, Con.Case(C) No. 201 Of 2025.
Decided On : 30-05-2025
For the Petitioners: Sri.Enoch David Simon Joel, Sri.S.Sreedev, Sri.Rony Jose, Sri.Leo Lukose, Sri.Karol Mathews Sebastian Alencherry, Sri.Derick Mathai Saji, Sri.Karan Scaria Abraham, Sri.Ittoop Joy Thattil, Sri.Fidil V. John, Sri.Joshy Joseph.
For the Respondents: Devishri R., Government Pleader.
The court emphasized the necessity of compliance with court orders and exercised restraint in contempt proceedings despite the respondent's unsatisfactory conduct.
Headnote:
(A) Contempt of Courts Act - Non-compliance with court orders - The respondent failed to comply with a judgment dated 13.11.2023, despite extensions granted for compliance. The court noted the respondent's conduct was unsatisfactory and highlighted the importance of adhering to court directives. (Paras 2, 3)
(B) Judicial Restraint - The court exercised restraint in closing contempt petitions despite serious delays in compliance, emphasizing the majesty of the court. (Para 2)
Facts of the case:
The petitioners moved the court under the Contempt of Courts Act due to the respondent's failure to comply with a judgment issued in 2023, with contempt cases filed as early as 17.01.2025.
Findings of Court:
All further action against the respondent is dropped, but the court observed the respondent's conduct as unsatisfactory.
Issues: The main issue was the respondent's failure to comply with the court's judgment and the appropriate response to such non-compliance.
Ratio Decidendi: The court emphasized the importance of compliance with court orders and the exercise of judicial restraint in contempt proceedings.
Result: Contempt petitions closed.
JUDGMENT :
(C. JAYACHANDRAN, J.)
When the matter was taken up for consideration today, learned Government Pleader submitted that necessary Orders are passed today in compliance of the judgments. A copy of the Order was handed over to this Court, as also, to the learned counsel for the petitioners.
2. Taking stock of the same, all further action against the respondent is dropped, but with an observation that the conduct of the respondent is far from satisfactory. This Court is compelled to make such an observation for the reason that the judgment in respect of which disobedience is alleged, is of the year 2023, precisely on 13.11.2023. The direction was to comply with the judgment within two months. Extension was sought for twice and quite magnanimously, this Court has granted it. Even during the extended period, there was no compliance, which compelled the petitioners to move this Court under the Contempt of Courts Act . It appears that the said attempt was also taken lightly by the respondent, since I notice that the Contempt Cases were filed as early as on 17.01.2025. The respondent could condescend to comply the judgment only today (30.05.2025). Despite the serious laches, this Court would remind itself that exercise of restraint of the power, albeit its availability in abundance, would only add to the majesty of the Court, especially when the directions in the judgments have been complied with. This Court exercise self-restraint and close all the contempt petitions.
3. The learned Government Pleader will communicate this judgment to the respondent today itself by mail or in any other mode conducive to the learned Government Pleader.
These Contempt Cases will accordingly stand closed.