IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 Con.APP(C).No. 3 of 2011(S) -------------------------------- AGAINST THE ORDER IN COC.1234/2010 Dated 31/01/2011 .................... APPELLANT/2ND RESPONDENT: ---------------------------------- DR.R.AJAYKUMAR, S/O.R.RAMACHANDRAN NAIR, MANAGER, SHREE VIDYADHIRAJA HOMEOPATHIC MEDICAL COLLEGE, 'ASHWATHY', HINDU MISSION ROAD, THIRUVANANTHAPURAM-1. BY ADV. SRI.SANTHAN V.NAIR SRI.V.V.MITHUN RESPONDENTS/PETITIONER & IST RESPONDENT ------------------------------------------------------ 1. DR.G.SOMASEKHARAN PILLAI, S/O.GOPINATHAPILLAI, RETIRED LECTURER AND FORMER PRINCIPAL-IN-CHARGE, SHREE VIDYADHIRAJA HOMOEOPATHIC MEDICAL COLLEGE, NEMOM P.O., THIRUVANANTHAPURAM-2 RESIDING AT RAJA NILAYAM, VOLTAS LANE, VAZHUTHACAUD, TRIVANDRUM-14. 2. USHA TITUS, SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT, TRIVANDRUM-1. R2 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS CONTEMPT APPEAL (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Appeal No. 3 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011 JUDGMENT J.Chelameswar, C.J. The learned counsel for the appellant prays that he may be permitted to withdraw the appeal with liberty to file a fresh appeal. 2. We have heard the learned counsel for the appellant and the learned Government Pleader at length. In view of the fact that the appellant was not a party to the writ petition from out of which the instant contempt proceeding arises, we are of the opinion that the matter requires an examination in an appropriate appeal. The instant appeal is permitted to be withdrawn with liberty as prayed for. However, in the light of this order, we also deem it appropriate to stay the further proceedings in Contempt Case (Civil) No.1234 of 2010 in W.P.(C) No. 2632 of 2010 until further orders or until a fresh Contempt Appeal is filed by the appellant. We also place on record that if the further appeal as Contempt Appeal No. 3 OF 2011 -:2:- indicated above is not filed within a period of one week, the interim order stands vacated. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb