IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Con.Case(C).No. 338 of 2010(S) --------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26047/2009 Dated 08/10/2009 .................... PETITIONER(S): 2ND RESPONDENT IN W.P.(C) ----------------------------- ASHRAF ALI, AGED 54 YEARS, S/O. LATE MOHAMMED, KALATHIL, NADUVILAPARAMBIL, U.C. COLLGE.P.O, ALUA -2. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENT(S): IST RESPONDENT ----------------------------- HEMALATHA, AGED TO FATHER NAME NOT KNOWN TO THE PETITIONER SECRETARY, KARUMALLOOR GRAMA PANCHAYATH, KARUMALLOOR.P.O, ERNAKULAM DISTRICT. ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------- Cont.Case(C) No.338 of 2010 --------------------------------------- Dated this the 28th day of May, 2010 J U D G M E N T The petitioner and the respondents are represented through counsel and the Secretary is present personally. The second respondent in WP(C).No.26047 of 2009 states that there is wilful default by the Secretary of the Karumallor Grama Panchayath in carrying out the directions contained in Annexure A1 judgment. He demonstrates it by showing Annexure A3, a provisional order issued by the Secretary, to which he had made Annexure A4 reply. If that were so, obviously, the Secretary was bound to take Annexure A4, provide an opportunity of hearing to the petitioner herein and decide the matter finally, so that, even if the decision is against him, he will be able to work out his statutory remedies. The situation now created essentially reflects that appropriate action did not follow in accordance with law. But, that by itself does not Cont.Case(C) No.338 of 2010 2 provide material to take the view that there is any wilful default or disobedience of the directions contained in the judgment. Accordingly, the case is closed clarifying that the proceedings following Annexures A3 and A4 will be concluded within a time limit of two weeks from now. The petitioner will appear before the Secretary of the Grama Panchayath on 02.06.2010 at 11.00a.m. It is directed that the parties need not wait for the copy of this order to comply with the directions herein. Issue copy immediately. THOTTATHIL B. RADHAKRISHNAN, JUDGE pm