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 10TH JUNE 2008 / 20TH JYAISHTA 1930 Cont.Case(C).No.1543 of 2006(S) ------------------------------------------------------------ ARISING OUT OF THE JUDGEMENT IN O.P.19961/1998 DATED 08/09/2005 .................... PETITIONER/PETITIONER:- ---------------------------------------- K.K.VALSALA, C/O.T.U.SANKARAN, THOPPIL HOUSE, P.B.ROAD, ELTHURUTHU POST, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENTS: RESPONDENTS:- ------------------------------------------------- 1. SMT.SUMANA MENON, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), DIRECTOR, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. SMT.LATHA, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) THE SUPERINTENDENT, ASHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.Dattu, C.J. & A.K.Basheer, J. -------------------------------------------------------- Cont. Case (C).No.1543 of 2006-S -------------------------------------------------------- Dated, this the 10th day of June, 2008 JUDGMENT H.L.Dattu,C.J. Petitioner in O.P.No.19961 of 1998 is the complainant in this contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution, inter alia, requesting this Court to take appropriate proceedings against the respondents for the alleged disobedience of the orders and directions issued by this Court while disposing of O.P.No.19961 of 1998 dated 8.9.2005. 2. The one and only direction that was issued by this Court to the 2nd respondent in the Original Petition was to consider Exhibit P2 representation filed by the petitioner in accordance with law. The Court also had observed that the 2nd respondent will also take into consideration the decision of this Court in Mercy v. State of Kerala [2004 (2) KLT 848]. 3. After disposal of the writ petition, the respondents have passed an order dated 15.3.2006, wherein they have considered Exhibit P2 representation filed by the petitioner and rejected the same. 4. In our opinion, it cannot be said that the respondents have disobeyed the orders and directions issued by this Court for the sole and simple reason that the direction issued by the learned Single Judge was to consider Exhibit P2 representation and to pass appropriate orders. Since that has been done by the respondents, it cannot be said that there is wilful or deliberate disobedience of the orders and directions issued by this Court. Therefore, cognizance of this contempt petition cannot be taken by us. Accordingly, the contempt proceedings are dropped. Cont.Case (C).No.1543 of 2006-S - 2 - 5. However, liberty is reserved to the complainant/petitioner, if she so desires, to question the correctness or otherwise of the orders passed by the respondents dated 15.03.2006 before the appropriate forum. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge