IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Con.Case(C).No. 1612 of 2007(S) ------------------------------------------------------- ARISING OUT OF THE JUDGEMENT IN WA.2253/2004 Dated 03/06/2005 .................... PETITIONER/RESPONDENT: ---------------------------------------- P.PARAMESWARAN PILLAI, AGED 62 YEARS, S/O MADHAVAN PILLAI, MANAGER, R.SANKAR MEMORIAL HIGH SCHOOL, PAZHANGALAM, KOLLAM DISTRICT, KERALA STATE. BY ADV. SRI.P.N.MOHANAN RESPONDENTS/APPELLANTS: ------------------------------------------ 1. JAMES VARGHESE, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), AGED 46, RESIDING AT THIRUVANANTHAPURAM, SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. MOHANA ABRAHAM, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), AGED 53, RESIDING AT THIRUVANANTHAPURAM, DIRECTOR, VOCATIONAL HIGHER SECONDARY DIRECTORATE, CHANTHITTA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------- Cont. Case (Civil) No.1612 of 2007-S ---------------------------------------------------- Dated, this the 28th day of July, 2008 JUDGMENT H.L.Dattu, C.J. This contempt case is filed by the respondent in W.A.No.2253 of 2004 dated 3-6-2005, inter alia alleging that the respondents have disobeyed the positive directions issued by this Court while disposing of W.A.No.2253 of 2004 dated 3-6-2005. Therefore, a request is made to initiate appropriate contempt proceedings against the respondents as envisaged under the provisions of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India. 2. The one and the only direction that was issued by this Court while disposing of W.A.No. 2253 of 2004 dated 3-6-2005 is as under: “............... Under such circumstance these appeals are disposed of. Only if the Government proposes to grant Vocational Higher Secondary Schools in the State the petitioners application would be considered as directed above.” 3. Notice of this contempt case was ordered to be issued COC No.1612/2007 -2- and served on the respondents. They have entered appearance through Government Advocate. 4. Today, the learned Government Advocate would produce before us the orders passed by the State Government dated 8-7-2008. In that, after considering the request of the respondent in the writ appeal, the Government have rejected the same on various grounds. 5. In order to initiate contempt proceedings against the respondents, in our view, there must be a deliberate and wilful disobedience of the orders and directions issued by this Court as envisaged under provisions of the Contempt of Courts Act. 6. In the instant case, as we have already noticed the one and the only direction that was issued by this Court was to consider the case of the petitioners for grant of Vocational Higher Secondary Schools. The respondents, after considering the request of the respondent in the writ appeal has rejected the same by order dated 8-7-2008. 7. In our opinion, there is substantial compliance of the orders and directions issued by this Court. Therefore, it may not be necessary for us to take cognizance of this contempt case filed by the respondent in the appeal. Therefore, the contempt proceedings are dropped. COC No.1612/2007 -3- 8. Liberty is reserved to the petitioner/respondent in the appeal, if he so desires, to question the correctness or otherwise of the orders passed by the State Government dated 8-7-2008, in appropriate proceedings. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS