IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Con.Case(C).No. 890 of 2011(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.15660/2011 Dated 17/06/2011 .................... PETITIONER(S): --------------- 1. DR. DAVID PETER.S, AGED 49, S/O. REV.K. SUSEELAN, PRESIDENT, PARENT TEACHERS ASSOCIATION, SCHOOL OF ENGINEERING, COCHIN UNIVERSTIY OF SCIENCE AND TECHNOLOGY, KOCHI - 682 022. 2. DR.D. RAJEEV, AGED 59, S/O.P.S. DANIEL, VICE PRESIDENT, PARENT TEACHERS ASSOCIATION, SCHOOL OF ENGINEERING, COCHIN UNIVERSTIY OF SCIENCE AND TECHNOLOGY, KOCHI - 682 022. 3. V. DAMODARAN, AGED 39, S/O.K.VASUDEVAN, SECRETARY, PARENT TEACHERS ASSOCIATION, SCHOOL OF ENGINEERING, COCHIN UNIVERSTIY OF SCIENCE AND TECHNOLOGY, KOCHI - 682 022. BY ADV. SRI.RAJU JOSEPH, SENIOR ADVOCATE SRI.J.JULIAN XAVIER RESPONDENT(S): --------------- CHANDRAMOHANA KUMAR.N, AGED 56, S/O. NARAYAN NAIR, WORKING AS REGISTRAR, COCHIN UNIVERSITY, VASUDEVOM, 4 8/1681-B, ADAYATH HOUSE, ELAMAKKARA, KOCHI -26. ADV. SRI.S.P.ARAVINDAKSHAN PILLAY FOR RESPONDENT THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, ALONG WITH COC NO. 996 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: COC NO.890/2011 APPENDIX PETITIONER'S EXHIBITS ANNEXURE-1 : COPY OF JUDGMENT DATED 17/06/2011 IN WP(C) NO.15660/2011. ANNEXURE-2 : COPY OF COVERING LETTER. RESPONDENT'S EXHIBITS R1(a) : COPY OF LETTER NO.REGR/LR/2011 DATED 07/07/2011 OF THE RESPONDENT ADDRESSED TO THE COMMISSIONER, KOCHI CITY, ERNAKULAM. R1(b) : COPY OF NOTICE NO.TP-6793/11 DATED 11/07/2011 ISSUED BY THE SECRETARY OF KALAMASSERY MUNICIPALITY. R1(c) : COPY OF PROVISIONAL ORDER DATED 11/07/2011 OF THE SECRETARY, KALAMASSERY MUNICIPALITY. R1(d) : COPY OF LETTER NO.LAI/WP(C) NO.15660/2011 DATED 13/07/2011 OF THE RESPONDENT ADDRESSED TO THE COMMISSIONER OF POLICE, KOCHI CITY. R1(e) : COPY OF LETTER NO.LAI/WP(C) NO.15660/2011 DATED 13/07/2011 OF THE RESPONDENT ADDRESSED TO THE DISTRICT COLLECTOR, ERNAKULAM. R1(f) : COPY OF LETTER NO.UEU/1829/06-07 DATED 26/08/2010 OF THE RESPONDENT ADDRESSED TO THE SECRETARY, LSG DEPARTMENT. R1(g) : COPY OF LETTER NO.UEU/1829/06-07 DATED 18/07/2011 OF THE REGISTRAR OF THE UNIVERSITY. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... COC Nos.890 & 996 of 2011 .................................................................... Dated this the 21st day of November, 2011. J U D G M E N T Ramachandran Nair, J. These Contempt of Court cases are filed on allegation of violation of the judgment particularly against the Police and the Municipal Secretary on the ground that they have not offered protection to the University to complete construction of the compound wall. However, during hearing W.A.No.1767/2011 filed under leave, we prima facie notice that public right of way to reach a school and a hospital will be blocked if the University closes an opening now used by the people. Today, the University's Engineer was personally present in Court and we could get the factual position verified with her. According to her, in order to provide three meter pathway only one compound wall needs to be constructed parallel to the compound wall of the Water Authority. We feel, the compound wall has to be constructed by the Municipality at their own cost and the University will have to sacrifice only 7 COC Nos.890 & 996/2011 2 cents of land to retain right of way enjoyed by the local people for long to cross from one side to the opposite side, where there is a school and a hospital. In view of the above, we notice that the Police and the Municipality cannot be held responsible for contempt for violation of the judgment, which requires modification in Writ Appeal. Accordingly, these Contempt of Court Cases are closed. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg