IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Con.Case(C).No. 678 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.11350/2009 Dated 06/04/2009 .................... PETITIONER(S): PETITIONERS -------------------------- 1. N.JAYAKUMAR, AGED 45, S/O.NEETHIPALAN, JAITHRAM, VALAKKOTTUMALA, THOTTAKKAD.P.O., THIRUVANANTHAPURAM DIST. 2. R.RADHAKRISHNAN, AGED 48, S/O.RAMASWAMI ASSARI, TOTTAKKAD.P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA RESPONDENT(S): RESPONDENTS -------------------------- 1. SRI.SANJAY KAUL, AGE AND FATHER'S NAME NOT KNOWN, DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. R.GOPAKUMARAN NAIR, AGE AND FATHER'S NAME NOT KNOWN, GEOLOGIST, DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY, THIRUVANANTHAPURAM. 3. ABDUL NAJEEB, AGE AND FATHER'S NAME NOT KNOWN, VILLAGE OFFICER, MANAMBOOR, THIRUVANANTHAPURAM. 4. JALAJAKUMARI.P.S., AGE AND FATHER'S NAME NOT KNOWN, SECRETARY, MANAMBOOR GRAME PANACHAYATH, THIRUVANANTHAPURAM. 5. SURESH, AGE AND FATHER'S NAME NOT KNOWN, SECRETARY, MANAMBOOR GRAMA PANCHAYATH, THIRUVANANTHAPURAM. 6. BAIJU, AGE AND FATHER'S NAME NOT KNOWN, SUB INSPECTOR OF POLICE, ATTINGAL. 7. PRASANNAN, AGE AND FATHER'S NAME NOT KNOWN, SUB INSPECTOR OF POLICE, KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT. 8. PRASAD, S/O.SREDHARAN, AGE NOT KNOWN, KIZHAKKATHIL VEEDU, VALAKKOTTUMALA, THOTTAKKAD.P.O., THIRUVANANTHAPURAM DISTRICT. GOVERNMENT PLEADER SHRI.K.C.SANTHOSH KUMAR SRI.M.R.SASITH FOR R8 SRI.M.R.SARIN FOR R8 SRI.R.S.KALKURA FOR R5 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== Contempt Case (C) No. 678 of 2009 ================== Dated this the 16th day of September, 2009 J U D G M E N T The petitioners in this contempt case are two of the petitioners in the writ petition. They are alleging violation of Annexure A interim order passed by this Court in W.P.(C).No.11350/2009. The interim order is directing respondents 1 to 5 and respondents 9 and 10 to see that Ext.P19 is implemented forthwith. Ext.P19 is a stop memo directing the 11th respondent to stop quarrying in the property in question. The allegation of the petitioners is that even after the interim order, the 11th respondent in the writ petition continued to do blasting operations in the property in question. As per the direction from this Court, the jurisdictional Geologist has filed a report, wherein he has categorically stated that after the date of the stay order, no quarrying operations are being done in the property in question. But in the report it is stated that in some adjacent properties, in respect of which, there is no stop memo, quarrying operations are going on. The petitioners have not been able to satisfy me with any reliable material that the report of the Geologist is in any way wrong. Therefore, I do not think it necessary to continue proceedings in this contempt case. Accordingly, this contempt case is closed. However, I make it clear that it would be open to the petitioners to approach this Court again, if any violations are detected in future. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2