IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 Con.Case(C).No. 1583 of 2008(S) ---------- ------------------------------- AGAINST THE ORDER IN MFA.161/2008 Dated 15/10/2008 .................... PETITIONER/1st PETITIONER/1st APPELLANT: --------------------------------------------------------------- VALLI AMMED HAJI, AGED 64, S/O. ALIKUTTI HAJI, PALLIVATHUKKAL HOUSE, VALAD P.O., THALAPUZHA, WAYANAD DISTRICT. BY ADV. SRI.M.C.JOHN RESPONDENT/2nd RESPONDENT: ---------------------------------------------- N.K. SASIDHARAN, AGED 47, S/O. (NOT KNOWN TO THE PETITIONER), CUSTODIAN AND CONSERVATOR OF FORESTS, EASTERN CIRCLE, ARANYA BHAVAN, OLAVAKODE, PALAKKAD-2. BY G.P.SRI. M.P. SREEKRISHNAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.O.C.NO.1583 OF 2008-S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2008 JUDGMENT H.L.DATTU, C.J. Inter alia alleging that the respondents have disobeyed the orders passed in I.A.No.2743/2008 dated 15th October, 2008, the applicant in the I.A. has filed this Contempt Petition. (2) While considering I.A.No.2743/2008, this Court by order dated 15th October, 2008, has passed the following interim orders:- “Notice. Status quo as on today should be maintained and cultivation, if any, done shall not be interfered”. (3) Petitioner in the Contempt Petition states, that, in spite of the interim order passed by this Court, the respondents are making further construction in the property in question. In our opinion, to find out whether there is any improvement or alteration etc., the petitioner should have produced the photographs taken prior to the filing of I.A.No.2743/2008. Unfortunately, the petitioner has not produced the photographs. Therefore, in the absence of the photographs, we cannot say, that, the respondents, after the orders passed by this Court, have made some improvements or alterations, etc. 2 C.O.C.NO.1583/08 In that view of the matter, we decline to entertain this petition. The Contempt Petition is, accordingly, rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE cl