LAWS(KER)-2020-3-297

K.U.HANEEFA Vs. ABHILASH

Decided On March 02, 2020
K.U.Haneefa Appellant
V/S
ABHILASH Respondents

JUDGEMENT

(1.) This COC has been filed by the petitioner alleging that in spite of the directions of this Court in the judgment dated 16.11.2019, Annexure-A3 order has been issued by the respondent even without affording him an opportunity of being heard.

(2.) Sri.Krishna Prasad S., learned counsel appearing for the petitioner, submits that Annexure-A3 has been issued to circumvent the orders of this Court, since it is clear there from-that the respondent has taken the decision as early as on 21.11.2019-which is evident from Annexure-A4-to reject his application on various untenable grounds. He, therefore, says that Annexures-A3 and A4 have been issued in clear affront of the directions of this Court and thus prays that this court take appropriate action against the respondents.

(3.) In response to the afore submissions, Sri.K.S.Arun Kumar, learned counsel appearing for the respondents, submits that his clients are present in person and that they apologise for the inconvenience caused to this court, which he explains, was only on account of the fact that the directions in the judgment had not been understood by them clearly because, at the time of Annexure-A4 decision had been taken, the certified copy of the judgment had not been received by them. He says that the intention of the respondent was not to violate the orders of this Court and that the inadvertant omission on their part was only on account of the afore reason and no other. He then submits that if this Court is so inclined, the respondent will withdraw Annexures-A3 and A4 and hear the petitioner again, leading to an appropriate decision on his statutory appeal, as per the directions in the judgment.