IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Con.Case(C).No. 294 of 2010(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.5459/2007 Dated 13/07/2009 .................... PETITIONER(S): --------------- AKHILENDIA NADAR ASSOCIATION(ANA), REP. BY ITS GENERAL SECRETARY, N.K.BHASY, MUKKOLA, MULLOOR B.P.O., VIA. VIZHINJAM-695 521. BY ADV. SRI.P.SHRIHARI SMT.P.VANI RESPONDENT(S): --------------- 1. SMT.NEELA GANGADHARAN, CHIEF SECRETARY TO GOVERNMENT OF KERALA, W/O.RUDRA GANGADHARAN, SILVER HILLS, POONTHI ROAD, KUMARAPURA MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011. 2. MR.P.C.BINOY, SECRETARY OF THE KERALA PUBLIC SERVICE COMMISSION, S/O.CHACKO, T.C.9/2390, SRIMANGALAM LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM R2 BY SC SRI. ALEXANDER THOMAS THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN, Ag. C.J. & C .N. RAMACHANDRAN NAIR, J. -------------------------------------------- Cont. Case (C) No. 294 OF 2010 -------------------------------------------- Dated this the 4th day of March, 2010 JUDGMENT Raman, Ag. C. J. It is regarding non-compliance of Annexure I judgment in WPC No. 5459 of 2007 that this Contempt Case is filed. The only direction issued to the first respondent, State of Kerala, is to take a decision on the new report submitted by the Backward Classes Commission after affording an opportunity of being heard to the petitioner and respondents 3 and 4 in the Writ Petition. It is now brought to our notice that Government has taken a decision accepting the recommendation of the Backward Classes Commission as evidenced by paragraphs 11 and 12 of Annexure A2 order produced by the petitioner. Therefore strictly speaking there is no violation of the judgment, Government having taken a decision in terms of the judgment. However, counsel appearing for the petitioner submits rotation has not been fixed and still old method is followed. Actually no other direction is given in the judgment beyond what has been stated above. However, 2 it is pointed out by Government Pleader that there is another judgment of this Court in WPC 37851 of 2009 wherein Christian section of SIUC nadars have challenged the proposal of the Government to give 38th turn to Hindu Nadar Community. In the said judgment this Court directed representation to be made by the petitioner therein for consideration by the Government. It is also submitted by learned Government Pleader that in that matter, petitioner herein will also be heard and appropriate decision will be taken. The above is recorded and contempt case is closed. (P.R. RAMAN) Ag. Chief Justice (C.N.RAMACHANDRAN NAIR) Judge. kk 3