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2025 Supreme(Online)(Ker) 55001

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
SURESH KUMAR V. @ MANIKUTTAN – Appellant
Versus
STATE OF KERALA – Respondent
CON.CASE(C) NO. 1945 OF 2025 | WP(C) NO.16929 OF 2025



Advocates:
For the Appellants/Petitioners: B.MOHANLAL, P.S.PREETHA, ASWIN V. NAIR, KARTHIK J SEKHAR, MOTTY JIBY VASUDEVAN, ABIJITH M., AVANI NAIR, JAYAPRABHA ARJUN, PRAVEENA T.
For the Respondents: SREEJITH V.S.

Contempt proceedings closed, allowing petitioners to challenge compliance orders as per law.

Headnote:Statute Analysis: The proceedings are in relation to the order by the Disaster Management Authority and how the court addressed its compliance in context of the earlier directions given in W.P.

(C) No.16929 of 2025. Facts of the Case: Petitioners filed the contempt case after the order dated 25.04.2025, claiming non-compliance with the directives, which the court acknowledged.

Findings of Court:
The court decided not to pursue the contempt case further, allowing the petitioners to challenge the subsequent order according to law.

Issues: The court examined if there was indeed a failure to comply with earlier orders and the legal ramifications of this.

Ratio Decidendi: The court concluded that continuity in appeal would allow the petitioners to address grievances regarding the order dated 05.07.2025 without implicating the contempt case.

Result: The contempt case was closed with the provision that petitioners could still challenge the order as per law.

Table of Content
1. closure of contempt proceedings while allowing further legal challenges. (Para 1 , 2)
2. discussion on the return of seized articles based on legal requests. (Para 3 , 4)

JUDGMENT

Taking note of the order passed on 05.07.2025 by the Disaster Management Authority after the directions of this Court dated 25.04.2025 in W.P.(C) No.16929 of 2025, I am not inclined to proceed further with the Contempt of Court Case. The same is accordingly closed.

2. It is made clear that it will be open to the petitioners to challenge Annexure R1(a) order dated 05.07.2025 in accordance with law. The closing of the Contempt Case will not affect any of the contentions of the petitioners in W.P.(C) No. 16929 of 2025.

3. Learned counsel for the petitioners submits that there may be a direction to return the articles seized as per the Mahazars –

Annexures A7 to A9.

4. Learned Government Pleader, on instructions, submits that the gas cylinders were handed over to the gas agency. If the petitioners request the Taluk Supply Officer concerned, the said Officer will request the gas agency to return the gas cylinders to the petitioners, without further delay.

Sd/-

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