IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Con.Case(C).No. 661 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.9544/2008 Dated 10/04/2008 .................... PETITIONER/PETITIONER IN WPC. ---------------------------------------------- V.D.RAPPAI,. VADAKKETHALA HOUSE, MANGAD ROAD, EDAPPALLY, KOCHI-24, REP.BY POWER OF ATTORNEY HOLDER, RAJAN CHACKO. BY ADV. SRI.ROY CHACKO RESPONDENTS: 1ST RESPONDENT --------------------------- SUBASH(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER) SECRETARY, THRIKKAKARA GRAMA PANCHAYAT, THRIKKAKARA PO. BY ADV. SRI.S.SHANAVAS KHAN FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- C.O.C. NO. 661 of 2008 ---------------------------------- Dated this the 30th day of June , 2008 JUDGMENT I am in complete agreement with Sri.Roy Chacko when he submits that it should be the anxiety of the court always to ensure that the dignity and prestige of the court be upheld by insisting a complete obedience with orders passed by the court. But in the present case I find that the secretary of the Panchayat had in deference to Annexure A2 judgment issued a stop memo to the second respondent in the writ petition directing him to stop the functioning of the restaurant. Of course, as submitted by Sri. Roy Chacko, the Secretary of the Panchayat could have ensured that the stop memo is not disobeyed by the second respondent in the writ petition by seeking the assistance of the local police in the matter. But, the explanation offered by Sri. S.Shanavas Khan the learned counsel for the Panchayat that it was because of Ext.R1(b) judgment passed by this court and the hearing facilitated pursuant to Ext.R1(b) and the decision taken on the basis of such hearing, that the Secretary of the Panchayat did not seek assistance of the police in this matter is fairly convincing. Therefore, I am of the view that the C.O.C. No.661/2008 2 instant one is not a fit case where the action should be initiated against the Secretary of the Panchayat for violating orders of this court. PIUS C. KURIAKOSE JUDGE dpk