IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Con.Case(C).No. 1258 of 2009(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.2315/2002 Dated 18/07/2005 .................... PETITIONER(S)/7TH PETITIONER IN WPC: -------------------------------------------------------------- J.SASIDHARAN, AGED 58 YEARS S/O. JANARDHANAN, CHITHIRA, KATTAYIKONAM.P.O. THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S)/RESPONDENT IN WPC: ----------------------------------------------------------- 1. NIVEDITHA.P.HARAN(AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONR) THE SECRETARY REVNUE (E) DEPARTMENT, GOVERNMNT SECRETARIAT, THIRUVANANTHAPURAM. 2. RAVEENDRAN, (AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER) THE DIRECTOR, SURVEY & LAND RECORDS, DIRECTORATE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. PRABHAKARN,PRINCIPAL SECRETARY FINANCE DEPARTMENT, GOVT.OF KRALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVT.PLEADER SRI.ANU SIVARAMAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- COC. NO.1258 OF 2009 (S) -------------------------------------------------- Dated this the 28th day of October, 2009 J U D G M E N T The allegation is that although in pursuance to Annexure-A judgment dated 18th July, 2005 rendered in O.P.No.2315/09, Annexure-C order has been passed on 3.2.2006, monetary benefits have not been released so far. Having regard to the law laid down by the Division Bench of this court in Damodaran V. Cherkulam Abdulla (2007(2)KLT 171), action must have been initiated either by filing of an application or by Court issuing notice suo motu, within a period of one year from the date of on which contempt is alleged to have been committed. Going by the decision, evidently the cause of action is time barred. Therefore, the Contempt is closed without prejudice to the rights of the petitioner to seek his remedies against Annexure-C order. (ANTONY DOMINIC) JUDGE vi/