IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Con.Case(C).No. 1349 of 2008(S) ------------------------------- AGAINST THE JUDGEMENTIN WA.1122/2005 DATED 28/01/2008 .................... PETITIONER/1ST RESPONDENT IN WA: -------------------------------------------------------- G.VISWANATHAN, S/O.GOPALAN, AGED 58 YEARS, EDATHARAPOIKAIL VEEDU, PANTHALACODE P.O., VIA. VATTAPPARA, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT/APPELLANT IN WA: ------------------------------------------------- B.KRISHNAN NAIR, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SREECHITHRA, VATTAKARIKAKOM, PANTHALACODE P.O., VIA.VATTAPPARA, TRIVANDRUM. ADV. SRI.B.KRISHNA MANI THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & THOMAS P.JOSEPH, J. ------------------------------------------- Cont. Case (C).No.1349 of 2008 ------------------------------------------ Dated, this the 30th day of September, 2008 JUDGMENT Thomas P.Joseph, J. The respondent herein was directed by this Court as per judgment dated 28th January, 2008 to return the original document to the petitioner. Contending that the direction issued by this Court was not complied, petitioner has preferred this petition to proceed against the respondent under provisions of the Contempt of Courts Act. 2. In answer, respondent states that the document which this Court had directed him to return to the petitioner has been irrecoverably lost. He has filed an affidavit to that effect. He has undertaken to publish the fact of loss of the document in two leading newspapers and to abide by any other condition that may be imposed by this Court on him. 3. In the facts and circumstances of the case, we find no reason to disbelieve the statement made by the respondent that the document has been irrecoverably lost from him in which case, he cannot be compelled to produce the same and hand it over to the petitioner. 4. Therefore in the interests of justice, we consider it appropriate to accept the apology and issue the following directions: Cont. Case (C).No.1349 of 2008 2 i) The undertaking given by the respondent that he has not mortgaged the property by pledging the document or otherwise encumbered the property is recorded. ii) The respondent shall within two weeks from today, publish the fact that the document (with details of the document) is irrecoverably lost from him, in the edition of Mathrubhoomi Daily from Thiruvananthapuram (as agreed upon by the counsel on both sides). iii) The respondent shall, if at any time the document is traced, return the same to the petitioner. iv) The respondent shall also make a complaint to the local police station reporting the fact of loss of the document. With the above directions, this contempt case is closed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (THOMAS P.JOSEPH) JUDGE vns