IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Con.Case(C).No. 1086 of 2010(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35029/2009 Dated 04/12/2009 .................... PETITIONERS/PETITIONERS IN WPC -------------------------------------------------- 1. D.K.VASU, AGED 72 YEARS, S/O.KRISHNAN, DAIVAPURACKAL HOUSE, PUNNAPRA VILLAGE, PUNNAPRA MURI, AMBALAPPUZHA TALUK, ALAPPUZHA VILLAGE. 2. VISWAMBHARAN, AGED 65 YEARS, S/O.KRISHNAN, DAIVAPURACKAL HOUSE, PUNNAPRA VILLAGE, PUNNAPRA MURI, AMBALAPPUZHA TALUK, ALAPPUZHA VILLAGE. BY ADV. SMT.C.G.BINDU SMT.C.G.AJITHA RESPONDENTS/RESPONDENTS 2 & 3 --------------------------------------------------- 1. N.G.CHACKO, AGE AND S/O. NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, OFFICE OF EXECUTIVE ENGINEER, ALAPPUZHA. 2. CHANDRASEKHARA PILLAI, AGED ABOUT 54 YEARS, S/O.NOT KNOWN TO THE PETITIONER, SECRETARY, PUNNAPRA SOUTH GRAMA PANCHAYATH, WARD NO.13, PUNNAPRA FISH LANDING CENTRE, KOCHUPOZHY ROAD, PUNNAPRA, ALAPPUZHA DISTRICT. BY GOVT. PLEADER SRI. V.MANU THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- Cont. Case (C) No. 1086 OF 2010 -------------------------- Dated this the 14thday of September, 2010 J U D G M E N T This Contempt Case is filed alleging that in violation of Annexure-I interim order passed by this Court in W.P.(C) No.35029 of 2009, the respondents herein have trespassed into the petitioners' land and cut open a road. Annexure-III photographs are produced to prove the said act. 2. The learned Government Pleader appearing for the respondents submits on instructions that the road seen in Annexure-III is a road which was in existence even before Annexure-I interim order was passed. He submitted that in such circumstances, respondents are not liable to be proceeded against under the Contempt of Courts Act, 1971. 3. It is evident from Annexure-III photographs that the road seen therein is a road which is not of recent origin. It provides access to various houses. As a matter of fact a shop room is seen abutting the road. The very presence of shop room discloses the fact that the road was in existence even before Annexure-I interim order was passed by this Court. In such circumstances, I do not find any grounds to entertain this contempt case. It is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2