ADVOCATE-GENERAL OF KERALA Vs. THEVAR THARAKAN

JUDGEMENT

(1.) This is an application made by the Advocate General under S.3 of the Contempt of Courts Act against the respondent, Chakidiyil Thazhathethil Thevar Tharakan.

(2.) The facts that gave rise to this petition are as follows: The respondent is the 8th defendant in a suit O.S. 64 of 1943 pending in the Sub-Court, Ottapalam. The suit was one for partition and a preliminary decree for partition had been passed. Application for the passing of the final decree is pending and the same had been stayed by the High Court. The Commissioner Shri A. N. Parameswara Iyer, Advocate was the receiver appointed by the Court to manage the properties of the tarwad. There were reports filed by him complaining of various acts of obstructions committed by the respondent. The respondent was not being represented by a lawyer and he did not also appear in court, in response to the notice issued to him for the disposal of the petition. But instead, he was sending letters by post to the Subordinate Judge. Mr. Parameswara Iyer, however, found it difficult to continue as receiver and he tendered his resignation. After his discharge, one Mr. C. Sankaran Nair was appointed as receiver in his place. He also filed reports about the conduct of the respondent. Then also the respondent did not appear in court, but persisted in sending letters addressed to the Subordinate Judge.

(3.) Some of the letters have been marked as Exts. P1 to P8 in this case. It is not necessary to extract them here. A reading of the letters would show that they contained scurrilous attacks on the conduct and character of Kumari P. Janaki Amma, the Subordinate Judge of Ottapalam with reference and in relation to the discharge of her duties as Subordinate Judge. Some of the letters have gone further and attack is made even on her personal character and integrity and imputing motives that she was helping the receiver with some purpose.