IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Con.Case(C).No. 653 of 2008(S) ------------------------------------------- ARISING OUT OF THE JUDGEMENT IN WPC.27326/2003 DATED 13.3.2006 .................... PETITIONERS/PETITIONERS: ----------------------------------------- 1. K.RAMACHANDRAN, AGED 47 YEARS, S/O.SANKARAN, REMANIKA, GANDHINAGAR P.O., KOTTAYAM-686 008. 2. ADV.T.K.SURESHKUMAR, AGED 37 YEARS, S/O.T.K.KARUNAKARAN, THATTADATHU HOUSE, MANNANAM P.O., KOTTAYAM. BY ADV. SRI.MOHAN IDICULLA ABRAHAM SRI.MARTIN D.ALUMKARA RESPONDENT/1ST RESPONDENT: ------------------------------------------------- DR.VISHWAS MEHTA, AGE & FATHER'S NAME .NOT KNOWN TO THE PETITIONERS, SECRETARY, MINISTRY OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.M.P.SREEKRISHNAN ` THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------ Cont. Case (C)No.653 of 2008 ------------------------------------------ Dated, this the 16th day of June, 2008 JUDGMENT H.L.Dattu, C.J. Inter alia, alleging that the respondent herein has wilfully and deliberately disobeyed the orders and directions issued by this Court in W.P.(C) No.27326 of 2003, dated 13th March, 2006, the petitioners in the writ petition have filed the present contempt petition. 2. This Court while disposing of the writ petition had issued the following directions: “We dispose of this writ petition by directing the Kerala Water Authority, who is made a party respondent on an oral request made by the petitioner, to submit the feasibility report within six weeks from the date of receipt of a copy of the order and we further direct that the respondent-State to have permanent measures for waste water disposal.” 3. The respondent has entered appearance through the learned Government Pleader Sri.M.P.Sreekrishnan. 4. The respondent has filed his counter affidavit before this Court. In the counter affidavit it is stated as under: “On receipt of the feasibility report for Phase I on 10.8.2007, the Government accorded sanction for Rs.203.25 lakhs for Sewage Disposal to Kerala Water Authority as per GO (RT) No.4316/2007/H & FWD dated 27.12.2007.” 5. Learned Government Pleader further submits that the implementing agency for waste water disposal is the Kerala Water Authority, and the role of the Government is only to sanction the funds required for the aforesaid purpose. Therefore, it is stated that there is Cont.Case (C) No.653 of 2008 2 neither wilful nor deliberate disobedience of the orders and directions issued by this Court. Accordingly, he requests us to drop the contempt proceedings. 6. The only relief that was granted to the petitioners while disposing of the writ petition is that the Kerala Water Authority shall submit a feasibility report before the State Government and the State Government will take appropriate measures for waste water disposal. 7. The Kerala Water Authority has submitted its feasibility report before the State Government, and pursuant thereto, the State Government has sanctioned a sum of Rs.203.25 lakhs for sewage disposal to the Kerala Water Authority (for Phase I). 8. In view of this development it cannot be said that the respondent herein has committed an act of contempt as envisaged under Section 2(b) of the Contempt of Courts Act, 1971. In that view of the matter, since there is substantial compliance with the orders and directions issued by this Court, we need not have to take cognizance of this contempt petition. Accordingly the contempt proceedings are dropped. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns/dk