IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Con.Case(C).No. 1498 of 2008(S) ---------------------------------------- AGAINST THE JUDGEMENT IN WA.2976/2007 .................... PETITIONER: ------------------ VIJAYAN MANIKKAL SANKARAN, ARAKKANKADU HOUSE, POODAMKALLU, RAJAPURAM.P.O., KASARAGOD. BY ADV. SRI.P.A.AUGUSTIAN SRI.T.R.JAGADEESH RESPONDENTS:: -------------------- SHRI D.D.INGTY, FORMER COMMISSIONER OF CUSTOMS, COCHIN, AND PRESENT COMMISSIONER (PREVENTIVE), I.S.PRESS ROAD, COCHIN. ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC,CB EX THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.O.C. No. 1498 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008 Judgment H.L. Dattu, C. J: In the contempt Petition filed, the main allegation of the complainant is that the respondent had filed a false affidavit before his Court at the time of disposal of W.A.No.2976/2007. Therefore, according to the complainant, the respondent has committed an act of contempt as envisaged under Section 2(b) of the Contempt of Courts Act. 2. Section 2(b) reads as under: “”civil contempt” means wilful disobedience to any judgment, decree, direction, order, writ or other process of a Court or wilful breach of an undertaking given to a Court;” 3. Filing of a false affidavit would not come within the definition of Section 2(b) of the Act. In that view of the matter, we refuse to take cognizance of this Contempt Petition. Accordingly the Contempt Petition is closed. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an.