IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Cont.Case(C).No.1234 of 2008(S) ------------------------------------------------------- ARISING OUT OF THE JUDGMENT IN O.P.NO.5184 OF 2002-S, DATED 23.01.2008. .................... PETITIONER/IST RESPONDENT:- ------------------------------------------------ P.C. JOSEPH, STORE KEEPER (GRADE II), CANTEEN STORES DEPARTMENT, KOCHI -20. BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH RESPONDENT/3RD PETITIONER::- ----------------------------------------------------- BRIG. T.K. SINHA, AGED ABOUT 56 YEARS (FATHER'S NAME NOT KNOWN TO THE PETITIONER), THE JOINT GENERAL MANAGER, CANTEEN STORES DEPARTMENT, MUMBAI -20. BY ASSISTANT SOLICITOR GENERAL OF INDIA SRI.P.PARAMESWARAN NAIR. THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & THOMAS P.JOSEPH, J. ------------------------------------------------------ Con.Case ( C ) No.1234 of 2008-S ---------------------------------------------- Dated, this the 6th day of October, 2008 JUDGMENT H.L.Dattu, C.J. Inter alia alleging that the respondent herein has disobeyed the orders and directions issued by this Court in O.P.No.5184/2002 dated 23rd January, 2008, the first respondent in the original petition has presented this contempt petition. 2. The petitioners in O.P.No.5184/2002, being aggrieved by the orders passed by this Court have carried the matter before the Apex Court by filing a Special Leave Petition (SLP(C) CC No.13186/2008. The Apex Court, while issuing notice to the respondent in the Special Leave Petition, has stayed all further proceedings in this contempt petition. 3. In view of the orders passed by the Apex Court in SLP (C) No.13186/2008 dated 29.09.2008, in our opinion, for the present, we need not have to take cognizance of this contempt case filed by the petitioner. Accordingly, the contempt proceedings are dropped for the present. However, liberty is reserved to the complainant, if he so COC No.1234/2008 -2- desires, to approach this Court, if need arises in future. 4. In view of the order passed in the contempt petition, no orders need be passed in I.A.No.523/2008 and therefore it is closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (THOMAS P.JOSEPH) JUDGE MS