IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 Con.Case(C).No. 295 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.38271/2008 Dated 30/12/2008 .................... PETITIONER(S): PETITIONERS -------------------------- 1. T.A. MOOSA, S/O. AHAMMED, AGED 52 YEARS, CONTRACTOR, THALAKKATTU HOUSE, NORTH CHALAKUDY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 2. V.P. BAIJU, S/O. POULOSE, AGED 40 YEARS, CONTRACTOR, VELIYATHU HOUSE, P.O. POTTA, CHALAKUDY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU RESPONDENT(S): RESPONDENTS -------------------------- 1. M. NIZARUDEEN, WORKING AS SECRETARY, CHALAKUDY MUNICIPALITY, CHALAKUDY.P.O, THRISSUR DISTRICT. 2. POULOSE, WORKING AS CHIEF ACCOUNTANT, CHALAKUDY MUNICIPALITY, CHALAKUDY.P.O, THRISSUR DISTRICT. ADV. SRI.M.P.ASHOK KUMAR FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ----------------------------------------- Cont. Case.No.295 of 2009 ----------------------------------------- Dated this the 2nd April, 2009 JUDGMENT The petitioners in the Writ Petition allege violation of the interim order, Annexure-A produced herein and hence seek for initiation of proceedings under the Contempt of Court Act, 1971. The petitioners have alleged that violating the order, Annexure-A, the respondents have released an amount of Rs.11,38,000/- on 27.1.2009 to another contractor. 2. When the matter was heard on last occasion, learned counsel for the respondents submitted that a Writ Appeal had been filed against Annexure-A. When the matter came up for further hearing today, learned counsel for the petitioner made available to me a copy of the judgment in W.A.No.595 of 2009 filed against the interim order passed as Annexure-A. The Writ Appeal stands disposed of in the following terms: “Counsel for the appellants, on instruction, submits that it is most likely that the writ petitioners will get their amounts within four months from today. In that view COC(C).295/09 2 of the matter, no further orders are necessary in this matter. The Writ Appeal is closed.” 3. In that view of the matter, as the interim order had been challenged in appeal now the judgment in the Writ Appeal will govern the matter, I am also not satisfied that further action under the Contempt of Court Act should be initiated against the respondents. The authorities will be bound by the direction issued by the Division Bench. In that way of the matter, the Contempt of Court Case is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE vgs.