IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Con.Case(C).No. 439 of 2008(S) --------------------------------------------------- AGAINST THE JUDGEMENT IN WA.203/2008 Dated 22/01/2008 .................... PETITIONER/APPELLANT NO.3: ------------------------------------------- JOSEPH JOHN, S/O.JOHN, AGED 40 YEARS, AANI THOTTATHIL HOUSE, AYYAMBUZHA P.O., KOLLAMKODU-MANJANA, ERNAKULAM DISTRICT-683 581. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.M.MANOJKUMAR (CHELAKKADAN) RESPONDENT/RESPONDENT NO.3:: -------------------------------------------------- MR.MUHAMMED HANEESH, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------------------------ Cont. Case (Civil) No.439 of 2008-S ------------------------------------------------------- Dated, this the 26th day of May, 2008 JUDGMENT H.L.Dattu, C.J. Alleging that the respondent herein has disobeyed the orders and directions issued by this Court in W.A.No.203/2008 dated 22-1-2008, the the third appellant/complainant is before us in this contempt petition filed under Section 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, inter alia requesting us to initiate appropriate contempt proceedings and punish the respondent for the so called wilful and deliberate disobedience of the orders and directions issued by this Court. 2. Sri.M.P.Sreekrishnan, learned Government Pleader appears for the respondent. The learned Government Pleader produced before us the letter received by him from the District Collector, Ernakulam dated 22-5-2008. In the said letter it is stated as under: “Sri.Jospeh John, Aanithottathil House, Ayyampuzha P.O., has filed CC ( C ) No.439/08 alleging that the meeting convened on 17-3-2008 relating to the conduct of the trial run of metal crusher unit owned by M/s.Soma Enterprises, is in disobedience and in violation of the judgment dated 22-1-2008 of the Hon. High Court of Kerala. It is humbly submitted no sanction has been accorded to M/s. Soma Enterprises for the conduct of the trial run of metal crusher unit at Ayyampuzha till date, from this office.” COC No.439/2008 -2- 3. We have no reason to disbelieve the statement of the District Collector. Placing on record, the statement of the District Collector, the contempt petition is dropped, for the present. Liberty is reserved to the complainant, to approach this Court, if need arises in future. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (T.R.RAMACHANDRAN NAIR) JUDGE MS