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2026 Supreme(Online)(Ker) 13001

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
AKSHAYKUMAR – Appellant
Versus
SMT. LATHA S. – Respondent
CON.CASE(C) NO. 138 OF 2026 | W.A. No.1924/2025



Advocates:
For the Appellants/Petitioners: SHRI.SUNIL C. G
For the Respondents: KUM.PAVAN ROSE JOHNSON, SMT.PREEJA. P. VIJAYAN

Contempt proceedings require existence of a non-compliance with a judicial order; mere procedural errors without lasting impact do not sustain contempt.

Headnote:This contempt petition was filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, pertaining to a prior order regarding selection processes. The court observed that no final or provisional list existed due to the respondent's compliance actions. The court concluded that there was no cause for further adjudication. Notably, the counsel for the respondent expressed an apology for prior non-compliance.

Table of Content
1. nature of contempt proceedings based on judicial compliance. (Para 1 , 2)
2. submission of an apology by counsel regarding prior procedural errors. (Para 3)
3. closure of contempt petition due to lack of further cause. (Para 4)

JUDGMENT Sushrut Arvind Dharmadhikari, J The present contempt petition has been filed under Sections 11 and

12 of the Contempt of Courts Act, 1971 , read with Article 215 of the Constitution of India, alleging non-compliance with the judgment dated

25.09.2025 passed in W.A. No. 1924/2025.

2. This Court had directed that the selection process may proceed; however, the select list shall not be published and no appointments shall be made without the leave of this Court.

3. A counter affidavit has been filed by the respondent, clearly stating that the provisional list was issued only in view of the liberty granted by this Court to proceed with the selection process. It is further stated that no final select list has been published. Due to technical glitch, the provisional list also stands withdrawn. At present, no list, either provisional or final, is in existence.

3.1 The learned counsel for the respondent has also tendered an oral unconditional apology and has submitted that the officer concerned shall exercise due care in future.

4. In view of the aforesaid statement and considering the fact that no list, either provisional or final, exists as on date, no cause survives for adjudication in the present contempt petition. Accordingly, the same stands closed.

Sd/-

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