IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Con.Case(C).No. 1760 of 2008(S) ------------------------------- ARISING OUT OF THE JUDGEMENT IN WPC.5897/2007 Dated 17/07/2007 .................... PETITIONER(S): PETITIONER: ----------------------------------------- NALINI SADASIVAN, W/O SADASIVAN AGED 55 YEARS, ABHI NIVAS, GANDHIGRAMAM, CHAKKUVARAKKAL MURI, KOTTARAKKARA. BY ADV. SRI.A.K.ALEX RESPONDENT(S): RESPONDENTS 4 AND 5 -------------------------------------------------------------- 1. M.SALIMRAJ, TAHASILDAR, KOTTARAKKARA, AGE AND FATHERS NAME NOT KNOWN TO PETITIONER. 2. K.SURENDRAN, (CORRECTED),AGE AND FATHERS NAME NOT KNOWN TO PETITIONER, SECRETARY, VETIKKAVALA GRAMA PANCHAYATH, KOTTAVATTOM CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK. *2. ABDUL SALAM, AGE AND FATHERS NAME NOT KNOWN TO PETITIONER, SECRETARY, VETIKKAVALA GRAMA PANCHAYATH, KOTTAVATTOM CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA TALUK. (NAME OF 2ND RESPONDENT IS CORRECTED AS ABDUL SALAM AS PER ORDER DATED 18.12.2008 IN I.A.816/2008 ) R1 BY GOVERNMENT PLEADER SRI.RAMANAND R2 BY ADV. SRI.N.UNNIKRISHNAN . THIS CONTEMPT OF COURT CASE HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ Contempt Case (C).No.1760 of 2008-S ---------------------------------------------- Dated, this the 16th day of July, 2009 J U D G M E N T The complaint is regarding violation of judgment in W.P.(C) No.5897/2007 dated 17.7.2007. In the said judgment this Court directed respondents 4 and 5 to see R6 and R7 shall function quarrying only when they are armed with all licences. 2. The first respondent has filed an affidavit dated 14.7.2009. In the said affidavit it is stated as under: “ It is submitted that I have filed an affidavit before this Hon'ble Court on 08-01-2009 stating that a quarry operation was conducted by the respondents 6 and 7 in Survey No.9/5 in Block No.18 of Chakkuvarakkal Village, Vettikkavala Panchayath, Kottarakkara Taluk. Thereafter, it is understood from the affidavit filed by the Secretary, Vettikkavala Panchayath, the 2nd respondent in Con. Case (C ) No.1760/2008 that no quarry operation is conducting anybody in the said Panchayath and that the Panchayath has not issued any license for the said quarry operation upto 16.12.2009. So, it is clear that the quarry operation conducted by the respondents 6 and 7 in the Writ Petition in Survey No.9/5 in Block No. 18 of Chakkuvarakkal Village is unauthorized. So, it is submitted that we will stop the said quarry operation at any cost within three days. C.O.C.No.1760/2008 -2- We will serve the memo to that effect within tomorrow itself. “ In the light of the above affidavit, I feel that it may not be necessary for me to proceed with the contempt petition. Accordingly, the contempt petition is closed. (K.M.JOSEPH) JUDGE. MS