IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Con.Case(C).No. 304 of 2010(S) -------------------------------------------- [THE ORDER IN W.P.(C).NO.30556/2009 DATED 28/01/2010] .................... PETITIONER/WRIT PETITIONER: ---------------------------------------------- KERALA GOVERNMENT ELECTRICAL CONTRACTORS ASSOCIATION, REPRESENTED BY ITS GENERAL SECRETARY SRI.R.RADHAKRISHNAN NAIR, S/O. RAVEENDRAN NAIR,AGED 43 YEARS. BY ADV. MR.AJITH KRISHNAN. RESPONDENTS/RESPONDENTS IN W.P.(C).NO.24884/07: --------------------------------------------------------------------------------- 1. TOM JOSE, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER) PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SATHEESAN, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER) CHIEF ENGINEER, PWD BUILDINGS AND LOCAL WORKS PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM. 3. JAMES, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER) SUPERINTENDENT ENGINEER, BUILDINGS AND LOCAL WORKS SOUTHEN ZONE, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR. P. NARAYANAN. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ------------------------------------------- Contempt Case (C) No.304 OF 2010 ------------------------------------------- Dated this the 5th day of March, 2010. J U D G M E N T Alleging violation of Annexure-A interim order passed in W.P.(C) No.30556/2009 dated 28.01.2010, this Contempt of Court Case is filed by the petitioner. By Annexure-A order, the earlier interim order was modified allowing the Government to proceed with the finalisation of the tender which have been notified already. What is alleged in the Contempt Case is that by Annexure-B, a fresh notification has been issued in respect of some other work. 2. I am not satisfied that there is any disobeyance of Annexure-A interim order by issuing Annexure-B. As far as the issue is concerned, there was no restriction in Annexure-A for issuing any tender in respect of any other work. Issuance of future notifications are not covered by the said order. What was considered by this Court at that point of time is only finalisation of the tenders which was the subject matter of dispute in the writ Cont.Case (C) No.304/2010 2 petition. With regard to the issuance of any tender in future, no particular directions have been issued in Annexure-A. 3. In that view of the matter, it cannot be said that there is any willful disobeyance of the directions in Annexure-A. I am not satisfied that the petitioner has made out a case for issuance of notice in this Contempt Case. Therefore, this Contempt Case is dismissed. The petitioner can seek other remedies against Annexure-B if the petitioner is so advised. T.R. RAMACHANDRAN NAIR JUDGE smp