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2026 Supreme(Online)(Ker) 24478
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
JAYATHILAKAN – Appellant
Versus
VIDHUN.P – Respondent
CON.CASE(C) NO. 568 OF 2026 | WP(C) NO.26779 OF 2025
For the Appellants/Petitioners: SMT.LAKSHMI RAJAN
For the Respondents: SHRI.V.N.HARIDAS
Allegations of contempt were dismissed due to the possibility of curing defects in compliance with court directives.
Headnote:This Contempt of Court case stems from allegations of violating directives in a prior judgment. The Court initially deemed prima facie contempt but allowed for the curing of defects before final determination. Ultimately, the Court concluded that no contempt occurred given the existence of defects in compliance, thereby closing the case.
| Table of Content |
|---|
| 1. filing of contempt case alleging violation of judgment directives. (Para 1) |
| 2. consideration of contempt proceedings with failures in compliance. (Para 2) |
| 3. affidavit concerning defects in compliance. (Para 3) |
| 4. closure of contempt case due to possible rectification. (Para 4) |
JUDGMENT
This Contempt case is filed alleging violation of the directions in the judgment dated 25.11.2025.
2. When this contempt case came up for consideration before this Court on 26.02.2026, this Court passed the following order:
“After going through the pleadings in the contempt case, I am of the prima facie opinion that the respondent committed contempt. The respondent will appear in person or through Video Conferencing before this Court on 23.03.2026.
In the meanwhile, if the directions are complied, or if the judgment is varied or modified, the appearance is dispensed with.
Post on 23.03.2026.
Issue a copy of this order to the Standing Counsel, who will communicate the same to the respondent. “
Thereafter, when the matter came up for consideration before this Court on 23.03.2026, this Court passed the following order:
“The respondent appeared through Video Conference. Even now the directions are not complied with. This is nothing but contempt. Therefore the respondent will appear in person before this Court on 30/03/2026 for proceeding with the contempt. In the meanwhile, if the directions are complied with or if the judgment is varied or modified, the appearance is dispensed with.
Post on 30/03/2026.”
3. Now an affidavit is filed by the respondents, stating that certain defects are there in the application and therefore, the respondent is not in a position to comply the directions.
4. If that is the case, there is no contempt and the petitioner can cure the defect and once the defects are cured, the respondents will do the needful in accordance with the law.
With the above observations, this contempt case is closed.
