IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 Con.Case(C).No. 225 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.11945/2008 Dated 08/04/2008 .................... PETITIONER(S): PETITIONER ------------------------- PAULACHAN.P.C,S/O.CHAKKAPPAN, AGED 45 YRS,PEREKKATTIL HOUSE, PEECHANIKKAD,PULIYANAM.PO, ANGAMALY.PO, ERNAKULAM DISTRICT-683572. BY ADV. SRI.WILSON URMESE RESPONDENT(S): IST RESPONDENT ----------------------------- SRI.P.MURALEEDHARAN,AGED 47 YRS, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, ANGAMALY MUNICIPALITY,ANGAMALY-683572. ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.S.SHARAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - Contempt of court Case No.225/2009 in W.P.(c).No. 11945 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of March , 2009 JUDGMENT The accusation against the respondent who is the Secretary of the Angamaly Municipality is that he has not complied with the directions issued by this court in Annexure A judgment. The present secretary of the Municipality has filed an affidavit dated 26/02//2009. At the very outset, he states that he took charge as Secretary of the Municipality only on 24/01/2009. According to him, on the basis of Annexure A judgment, notices were sent to both sides. Both sides on entering appearance, expressed their desire to sort out the entire issue on the basis of report to be submitted by the Taluk Surveyor on the basis of a measurement. He states that such a measurement was conducted by the Taluk Surveyor after giving notice to both sides and Surveyor has reported that there is no pathway existing on the property. The explanation of the Secretary for not complying with the direction in Annexure A judgment is that since there was an agreement between the CCC.No.225/09 2 parties that they will abide by the report submitted by the Taluk Surveyor, he came under the impression that it is not necessary to pass an order, since the parties had already undertaken to abide by the report of the Surveyor. I am unable to approve the Secretary's interpretation regarding the operation of the directions in Annexure A judgment since this court specifically directed the Secretary to take a decision on Ext.P2. Though not in so many words, the direction was that an order should be passed on Ext.P2 and when order is directed to be passed on Ext.P2, he was expected to communicate the order to the persons whom the order is to bind. However, taking into account the circumstances that the present Secretary took charge only recently and according to the Secretary both sides had expressed willingness to sort out the issue on the basis of the report submitted by the Taluk Surveyor, I feel that it is too early to initiate action for contempt against the Secretary. Now, Sri.Wilson Urmese, learned counsel for the petitioner would assert before me that there was no agreement whatsoever on the part of his client to sort out the issue on the basis of the report of the CCC.No.225/09 3 Taluk Surveyor. Under the above circumstances, I dispose of the contempt of court case without initiating action against the respondent, but peremptorily directing him to hear both sides immediately, take a decision on Ext.P2, pass an order on the same and communicate the order to both sides. The above direction shall be complied with by him within one month of receiving a copy of this judgment. PIUS.C.KURIAKOSE JUDGE sv. CCC.No.225/09 4