IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Con.Case(C).No. 1587 of 2008(S) --------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.22656/2007 Dated 12/12/2007 ...................................................... PETITIONERS/PETITIONERS: --------------------------------- 1. K.R.ANILKUMAR, S/O.K.A.RAMAKRISHNAN, AGED 41 YARS, GOVT.CONTRACTOR, KUNDANI HOUSE, MATTATHUR.P.O, KODAKARA-VIA, THRISSUR DISTRICT. 2. M.SAJU, S/O.PAPPACHAN, AGED 48 YEARS, GOVT.CONTRACTOR, CHALAKUDY P.O, THRISSUR DIST. 3. K.T.GEORGE, S/O.THOMA, AGED 59 YEARS, GOVT.CONTRACTOR, CHALAKUDY P.O.,THRISSUR DISTRICT. 4. V.L.VARGHESE, S/O.LONAPAN, AGED 60 YEARS GOVT.CONTRACTOR, VADASSERY HOUSE, KONNAKUZHY, CHALAKUDY-VIA, THRISSUR DISTRICT. 5. P.O.POULOSE, S/O.OUSEPH, AGED 58 YEARS, GOVT.CONTRACTOR, PALLIPPADAN HBOUSE, MANJAPRA, ANGAMALY-VIA, ERNAKULAM DISTRICT. 6. K.D.JOSE, S/O.DEVASSY, AGED 52 YEARS, GOVT.CONTRACTOR, KANNATH HOUSE, KOOVAKKATTUKUNNU. P.O, CHALAKUDY-VIA, THRISSUR DISTRICT. 7. M.V.POULOSE, S/O.VAREED, AGED 58 YEARS, GOVT.CONTRACTOR, MAVELI HOUSE, KARUKUTTY.P.O, ANGAMALY-VIA, ERNAKULAM DISTRICT. 8. V.L.VARGHESE, S/O.LONAPPAN, AGED 64 YRS, GOVT.CONTRACTOR, VENNATTUPARAMBIL HOUSE, PARIYARAM .P.O, CHALAKUDY-VIA, THRISSUR DISTRICT. 9. T.K.JOY, S/O.KUNJU VAREED, AGED 47 YRS, GOVT.CONTRACTOR, THAKKOLKKARAN HBOUSE, KUTTIKAD. P.O, CHALAKUDY-VIA, THRISSUR DISTRICT. COC NO.1587/2008 (S) 10. K.P.JOSEPH, S/O.POULOSE, AGED 41 YEARS, GOVT.CONTRACTOR, KANNAMPILLY HOUSE, NALUKETTU.PO, KONOOR, KORATTY-VIA, THRISSUR DISTRICT. 11. M.V.KURIAKKU, S/O.VAREED, AGED 48 YEARS, GOVT.CONTRACTOR, MORELY HOUSE, ANTHRAKKAMPADAM, MOTHGIRAKKANNY.P.O, CHALAKUDY-VIA,THRISSUR DIST. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): 1ST AND 3RD RESPONDENTS ------------------------------------------------------ 1. JOSE, AGED AND NAME OF THE FATHER ARE NOT KNOWN TO THE PETITIONERS, WORKING AS EXECUTIVE ENGINEER, IDAMALAYAR IRRIGATION PROJECT NO.2, CHALAKUDY, THRISSUR DISTRICT. 2. L.C.GOYAL, AGED AND NAME OF THE FATHER ARE NOT KNOWN TO THE PETITIONERS, WORKING AS SECRETARY TO GOVERNMENT, DEPT.OF FINANCE, GOVT. SECRETARAIT, THIRUVANANTHAPURAM. SPL. GOVT. PLEADER, SRI. MOHAMMED FAZIL THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== Cont.Case(C) NO. 1587 OF 2008 (S) ======================= Dated this the 1st day of December, 2008 J U D G M E N T Writ petition was disposed of by judgment dated 12th December, 2007 with the following directions. The respondents shall release the balance amount payable to the petitioners herein within a period of one month from today on the petitioners furnishing bank guarantee for the full amount. The bank guarantee will be kept alive for a period of two years and if necessary, it will be open to the respondents to approach this Court for getting the validity of the orders extended. 2. The question of releasing payment arises only on furnishing bank guarantee for the full amount to be released. 3. In this case, from the instruction received from the 1st respondent, the learned Government Pleader submits that even as on date, the petitioners 9 and 11 have not furnished bank guarantee. In so far as others are concerned, the Bank guarantees were furnished during the period from 1/11/2008 to 24/11/2008 and on receipt thereof, it is being processed in terms of the judgment. While the bank guarantee was furnished during the period 1/11/2008 to 24/11/2008, this contempt was filed on 31/10/2008. Therefore as on the date of filing of the contempt, respondents cannot be faulted for having violated the judgment. COC 1587/08 :2 : Be that as it may, now that it is stated that in respect of those who have furnished bank guarantee, the same will be processed as directed in the judgment, I close the contempt recording the said submission. ANTONY DOMINIC, JUDGE Rp