IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Con.Case(C).No. 218 of 2008(S) ----------------------------------------------------- AGAINST THE JUDGEMENT IN WPC.27685/2003 Dated 22/02/2006 .................... PETITIONER/PETITIONER IN WP(C). ---------------------------------------------------- YMCA CIRCLE RESIDENTS AND RATE PAYERS ASSOCIATION, (REGD. NO. ER/651/2002), REPRESENTED BY ITS JOINT SECRETARY, B.SEETHARAMAN, S/O.C.BHASKARAN PILLAI, NARAYANEEYAM BUILDINGS, CHITTOOR ROAD, ERNAKULAM. BY ADV. SRI.JOHNSON MANAYANI & SRI.T.S.HARIKUMAR RESPONDENT/RESPONDENT ----------------------------------------- MINI ANTONY, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, CORPORATION OF COCHIN, PARK AVENUE, KOCHI. BY ADV. SHRI CHANDRAMOHAN DAS, SC. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K. M. JOSEPH, J. -------------------------------------------------- C.C.(C). NO. 218 OF 2008 S IN W.P.(C). NO.27685 OF 2003 --------------------------------------------------- Dated this the 3rd March, 2008 JUDGMENT H.L. DATTU, C.J: The complainant is once over again before us in this Contempt Petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India. According to petitioner, the respondent has not complied with the undertaking given by her in W.P.(C). No.27685/03 dated 22.2.2006. 2. The respondent has filed a Counter Affidavit wherein, it is, inter alia, stated as follows: " 3. It is submitted that both the bunks of Sri.K.E. Mohammed Basheer and Sreekuttan have been removed from the Shenoys Road by themselves and now there are no shops on both sides of the Shenoys Road. 4. It is submitted that the Town Planning Committee at its meeting held on 22.01.2008 vide item No.2 resolved that the bunk of Sri. Unnikrishnan shall be retained in the Rajaji Road without causing any obstruction to the Vehicular Traffic and pedestrians. On inspection, it has been found that the bunk of Sri. Unnikrishnan does not cause any obstruction to the traffic or pedestrians." 3. After going through the Counter Affidavit filed by the Secretary of the respondent Corporation of Cochin, Shri Johnson Manayani, learned counsel appearing for the complainant, would submit that the matter may be closed for the present. Taking note of the statements contained in the Counter Affidavit and the C.C.(C). 218/08 2 submission made by the learned counsel for the respondent, this Contempt of Court Case is dropped for the present. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, kbk. JUDGE