IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Con.Case(C).No. 1163 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.35085/2004 Dated 10/01/2008 .................... PETITIONER(S): PETITIONER/PETITIONER ------------------------------------ SHANAVAS A.K., AGED 45 YEARS, S/O. ALIYARUKUNJU, AYKYA BHAVANAM, NILAMEL P.O., KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): RESPONDENT/NOT PARTY IN THE W.P.(C). --------------------------------------------------- MR. ROMANUS HORO I.A.S., AGED 58 YEARS, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), PRESENTLY WORKING AS THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. SUDHA DEVI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Cont.Case (C).1163/2008 -------------------- Dated this the 17th day of November, 2008 JUDGMENT Heard Mr.K.P.Satheesan, learned counsel for the petitioner and learned Government Pleader. I have perused Annexure-2 order as also the affidavit filed by the respondents. 2. Mr.Satheesan submits that seven vacancies, which had arisen after the expiry of the rank list on 14.1.2005, were allegedly filled up during the pendency of the writ petition. This fact would be evident from the interim order passed by this Court in the writ petition leading to Annexure-I judgment. In my view, this would be a matter which could be resolved in a properly instituted writ petition and not in proceedings under the Contempt of Courts Act. Accordingly, reserving the liberty of the petitioner to take appropriate action, on the premise that the directions earlier issued by this Court have not been correctly understood or that the vacancies in the post C.O.C.1163/2008 2 of Excise Guards, which were available during the currency of the rank list that expired on 14.1.2005, were not filled up by enforcement of the rank list, the Contempt of Court case is closed. V.GIRI, Judge mrcs