IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Cont.Case(C).No.152 of 2008(S) ---------------------------------------------------------------- (ARISING OUT OF THE JUDGMENT DATED 11.10.2007 IN W.A.NO.2004 OF 2007) --------------- PETITIONER:- -------------------- M/S. HARRISONS MALAYALAM LTD., P.O.BOX NO.502, WILLINGDON ISLAND, COCHIN-682 003, REPRESENTED BY ITS CHIEF MANAGER, LEGAL, MR. V.VENUGOPAL, AGED 51 YEARS, S/O. LATE VELAYUDHAN NAIR. BY ADV.SRI.A.M.SHAFFIQUE (SR.) SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS:- ------------------------ 1. MR. G.RENNEN SEN, AGED ABOUT 53 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, CONSERVATOR OF FORESTS, CENTRAL CIRCLE, PARAVATTANI P.O.,THRISSUR. 2. MR. S.GOPALAKRISHNAN, AGED ABOUT 49 YRS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, DIVISIONAL FOREST OFFICER, CHALAKUDY P.O., THRISSUR. 3. MR. S.SHEIK HUSSAIN, AGED ABOUT 43 YRS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, DIVISIONAL FOREST OFFICER (ADDITIONAL CHARGE), CHALAKUDY P.O., THRISSUR. 4. MR. C.T.JOJO, AGED ABOUT 42 YEARS, FATHER'S NAME NOT KNOWN TO THE PETITIONER, RANGE OFFICER, PALAPILLY RANGE OFFICE, VARANDARAPILLY P.O., THRISSUR. BY SENIOR GOVERNMENT PLEADER SRI.D.ANIL. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ Cont. Case (C) No.152 of 2008 ------------------------------------------ Dated, this the 12th day of February, 2008 JUDGMENT H.L.Dattu, C.J. Alleging that the respondents in this contempt petition have wilfully and deliberately disobeyed the orders and directions issued by this Court in W.A.No.2004 of 2007 dated 11th October, 2007, the complainant is before us requesting to initiate appropriate proceedings against the respondents under Sections 11 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution and to punish them. 2. The respondents have entered appearance through the learned Government Pleader. The first respondent also filed an affidavit before this Court. 3. The matter was posted yesterday and at the request of the leaned Government Pleader the matter was adjourned to today. Today the learned Government Pleader appearing for the respondents has filed a statement of the second respondent. The statement so filed reads as under: “It is submitted that the petitioner will have to first cut the trees and keep the same available for inspection. As timber will be of different sizes, it will have to be measured individually. After measurement by the respondents, the respondents will intimate the petitioner the value of seigniorage payable and chalan will be issued for the same. On payment of seigniorage value of timber, the petitioner is permitted to remove the timber logs. In the case of the firewood also after cutting the same will have to be stacked and the respondents Cont.Case (C) No.152 of 2008 2 will fix the seigniorage value payable and chalan will be issued for the same. After paying the seigniorage amount, this firewood will be allowed to be removed form the estate.” 4. In view of the statement so filed by the second respondent, for the present, we are of the opinion, that the respondents have not wilfully and deliberately disobeyed the orders and directions issued by this Court. Therefore, we do not intend to take cognizance of this contempt petition. 5. Accordingly, we pass the following: ORDER i) The statement of the second respondent filed before this Court today is placed on record. ii) The second respondent shall faithfully follow whatever that is stated in the said statement. With these observations, the contempt proceedings are dropped for the present. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns