IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Con.Case(C).No. 1685 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5486/2008 Dated 29/02/2008 .................... PETITIONER:PETITIONER IN W.P.C. --------------------------------------- M.J.THOMAS, S/O.JOSEPH, AGED 64 YEARS, RESIDING AT “GRAY MOOR”, M.G.ROAD, COCHIN-15. BY ADV. SRI.JOHNSON JOSEPH KANADAN SRI.P.THOMAS JOSEPH (PALLIVATHUCKAL) RESPONDENT:RESPONDENT IN WPC: ----------------------------------------- SREEKUMAR, AGED 52 YEARS, FATHER'S NAME UNKNOWN, NOW WORKING AS ASSISTANT EXECUTIVE ENGINEER, CORPORATION OF KOCHI. ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATION THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE,J. - - - - - - - - - - - - - - - - - - - - - - - - - Cont. Case (C) No.1685 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 19th November, 2008 JUDGMENT Heard Mr.Johnson Kanadan, counsel for the petitioner and Smt.M.K.Pushpalatha, Standing Counsel for the Kochi Corporation. I do not think that the petitioner has made out a case for initiation of action for contempt against the respondent. My directions were only that an enquiry should be conducted and after hearing the petitioner, orders should be passed and till then the status quo as obtaining on the date of the order regarding the bunk shop should be maintained. Annexure A2 is the order passed by the Secretary of the Corporation. Annexure A2 perse shows that the directions in the order has been complied with. Perhaps the petitioner may have a genuine grievance about Annexure A2. The petitioner's remedy, I feel, is to initiate independent action challenging Annexure A2 and not to move for contempt. The Contempt of Court Case will stand closed subject to the above observation. srd PIUS C.KURIAKOSE, JUDGE