IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Con.Case(C).No. 293 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.19853/2008 Dated 02/07/2008 .................... PETITIONER/PETITIONER: ---------------------------- P.N. MANOHARAN, S/O. NARAYANAN, AGED 62, PANIKKASSERY HOUSE, PALLURUTHY.P.O, KOCHI - 682 006. BY ADV. SRI.G.KRISHNAKUMAR SMT.M.P.RETHNAM RESPONDENT/RESPONDENT NO.1: ------------------------------------- BASHEER, AGED ABOUT 50, THAHSILDAR, FORT KOCHI, KOCHI - 682 001. BY GOVERNMENT PLEADER,SMT.N. SUDHA DEVI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------------------- C.C.C No. 293 OF 2009 ------------------------------------------------- Dated this the 8th day of June, 2009 JUDGMENT The petitioner alleges non-compliance with the direction in Annexure I judgment. The direction reads thus: “ 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P5 representation filed by the petitioner after affording an opportunity of being heard to the petitioner as well as the 2nd respondent and if necessary, after conducting necessary measurement of the properties in question, as expeditiously as possible, at any ate, within two months from the date of receipt of a certified copy of this judgment. If the allegations of the petitioner are found to be true, the 1st respondent shall take consequent follow up action also.” Pursuant thereto, an order on Ext.P5 has been passed, which is Annexure R1(c). Although in that, the respondent has found that there is encroachment, it was held that the Corporation has passed orders permitting the encroachers to occupy the land and therefore it is for the Corporation to take appropriate action in the matter. According to the petitioner, although he has approached Corporation, CCC : 293/09 -:2:- the Corporation has declined to take any action. He would submit that after having found encroachment, the respondent violated the judgment by not taking consequent follow up action as directed in Annexure I judgment. I am of opinion that, since the Corporation has permitted the encroachers to occupy the land, there is no deliberate attempt on the part of the respondent to violate the directions of this Court. That being so, the remedy of the petitioner lies in filing another writ petition seeking appropriate directions against the Corporation also. Accordingly, the Contempt Case is closed without prejudice to such right of the petitioner. S. SIRI JAGAN, JUDGE ttb