IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Con.Case(C).No. 1760 of 2007() ------------------------------ WPC NO.11196/07 OF THIS HONOURABLE COURT : PETITIONER/PETITIONER IN W.P.C ----------------------------------------------- C.H.SUBAIR ,AGED YEARS CHERIYANDIREKATH HOUSE, VAYATHUPARAMBA, KARUVANCHAL, THALIPARAMBA. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENTS: RESPONDENTS IN W.P.C --------------------------------- THE SUB INSPECTOR OF POLICE KUTTIYADI POLICE,KOZHIKODE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- Contempt Case (Civil) No.1760 of 2007 ---------------------------------------- Dated this the 16th day of January 2008 J U D G M E N T The grievance of the petitioner is that the respondent has committed contempt of court in not having complied with the directions in the judgment dated 12/4/2007 in W.P.C.No.11196/2007. The petitioner was permitted to submit another copy of Ext.P2 filed in the writ petition before the police within a period of ten days; whereupon the police were directed to take necessary action under law. 2. While the petitioner asserts that another copy of Ext.P2 has been submitted to the police, the learned Public Prosecutor on behalf of the police asserts that no such copy has been given. To resolve such controversy, no material whatsoever is placed before court. I am, in these circumstances, satisfied that it is not a fit case where action in contempt can or need be initiated. It will not be inappropriate in this context to note that the judgment dated 12/4/2007 shows that even in the writ petition, dispute was as to whether original of Ext.P2 Contempt Case No.1760/07 2 complaint had been sent or not. No acknowledgment was produced, though it was asserted that the original was sent by post. For total absence of any material to show that directions in the said judgment has been complied with by the petitioner, I am satisfied that no action in contempt need be initiated against the respondent. 3. This contempt case is accordingly dismissed. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge Contempt Case No.1760/07 3 Contempt Case No.1760/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007