IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Con.Case(C).No. 1763 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23419/2006 Dated 23/05/2007 .................... PETITIONER(S): PETITIONER IN WPC: --------------------------------- A.B.M.TOWERS RESIDENTS ASSOCIATION (ATRA ABM TOWERS KADAVANTHARA, KOCHI-20, REPRESENTED BY ITS PRESIDENT BABU PHILIP, AGED 57 YEARS, S/O.LATE K.P.PHILLIPOSE, RESIDING IN KOTOOLI AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): 3RD RESPONDENT IN WPC: ------------------------------------- MINI ANTONY, (FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER), SECRETARY, CORPORATION OF KOCHI, CORPORATION OFFICE, ERNAKULAM. SRI.C.M.SURESH BABU ( SC FOR COCHIN CORPORATION) THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE J. ------------------------ C.O.C. No. 1763/2008 in W.P.(C)No.23419/2006 ------------------------ Dated this the 30th day of January, 2009 JUDGMENT In the affidavit submitted by the respondent to this contempt of court case, the respondent has stated that certain mistakes have crept into Annexure A order and she is willing to pass fresh orders correcting the mistakes. I would have been inclined to direct the respondent to pass fresh orders immediately, but for the situation that even Annexure A1 is under challenge before the Tribunal (Appeal No.688/2008) and Annexure A1 is under stay. I do not think that it will be proper or just to initiate action for contempt against the respondent in the existing circumstances. I am sure that the respondent will stick to the stand taken by her in the affidavit dated 27/1/2009 filed in this C.O.C. and the Tribunal, while taking decision in the appeal, will have due regard to the said affidavit also. The petitioner is permitted to place a copy of the affidavit dated 27/1/2009 filed by the respondent in the appeal in which the petitioner is also a party. The Tribunal will expedite matters and COC.No. 1763/2008 2 finally dispose of the appeal, without undue delay, since I find that the petitioner association which represents the occupants of a building complex which is subject matter of the contempt of court case has been fighting it out seeking redressal of the grievances of its members before the various authorities for a quite long time. The contempt of court case is dropped. The Tribunal for Local Self Government Institutions is directed to hear and dispose of the appeal against Annexure A1 at the earliest. PIUS.C.KURIAKOSE,JUDGE dpk