IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Con.Case(C).No. 812 of 2009(S) ------------------------------ CRL.M.C.NO.3399/2008 OF HIGH COURT OF KERALA .................... PETITIONER(S): PETITIONERS -------------------------- 1. M.GOPINATHAN NAIR, S/O.LATE MADHAVAN PILLAI, AGED 72 YEARS, SUSHA BHAVAN, PALACE ROAD, PAPPANAMCODE, THIRUVANANTHAPURAM. 2. CHIRAKKARA MAHAVISHNU KSHETHRAM TRUST, REPRESENTED BY ITS PRESIDENT, JAYAKUMAR S/O. RAJENDRAN NAIR, AGED 35 YEARS, CHITTOOR VEEDU, KAIMANAM, THIRUVANANTHAPURAM. BY ADV. SRI.V.N.GOPALAKRISHNAN NAIR SRI.G.SURARSHAN RESPONDENT(S): 1ST RESPONDENT ----------------------------- MR.BIJU, AGED 35 YEARS, S/O. NOT KNOWN THE PETITIONER, SUB DIVISIONAL MAGISTRATE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.RAVEENDRA BABU THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ---------------------- Contempt Case (C) No.812 of 2009 ---------------------------------------- Dated this the 29th day of July 2009 J U D G M E N T The petitioner has come to this court with this petition for initiation of proceedings under the Contempt of Courts Act on the grievance that the directions issued by this court in the order dated 31/10/2008 in Crl.M.C.No.3399/2008 have not been complied with. 2. Notice was ordered to the respondent. The respondent has entered appearance through the learned Government Pleader. An affidavit has been filed by the respondent. In such affidavit, the respondent reports that the directions have now been complied with, notwithstanding the fact that there was some delay in compliance with the directions. Unconditional apology is tendered and it is prayed that no further action may be taken against the respondent. 3. Action in contempt should only be the medicine of law and not its daily diet. I note that the directions have already been complied with and, in these circumstances, it is not necessary to proceed further with this application for initiation Contempt Case.No.812/2009 2 of contempt proceedings. Needless to say, the petitioner's option to challenge the order dated 01/07/2009 shall remain unfettered by the dismissal of this petition. 4. This petition is accordingly dismissed. (R.BASANT, JUDGE) jsr Contempt Case.No.812/2009 3 Contempt Case.No.812/2009 4 Contempt Case.No.812/2009 5 R.BASANT, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001 Contempt Case.No.812/2009 6