IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Con.Case(C).No. 883 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN OP.2843/2000 Dated 04/06/2007 .................... PETITIONER: ------------------ ASWATHY ELSA MATHEW, W/O. T.V.GEORGE, AGED 61 YEARS, THALAKKULAM HOUSE, CHEERANCHIRA P.O., CHANGANACHERRY. BY ADVS. SRI.ELVIN PETER P.J. SRI.S.RAMESH RESPONDENT(S): ------------------------- 1. NARESH DAYAL, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONER), SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT OF INDIA, NIRMAN BHAVAN, NEW DELHI. 2. PROF. C.NAYAK, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONER), DIRECTOR, CENTRAL COUNCIL FOR RESEARCH IN HOMOEOPATHY, JANAKPURI, NEW DELHI-68. 3. T.N.S.KURUP, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONER), ASSISTANT DIRECTOR, CENTRAL RESEARCH INSTITUTE FOR HOMOEOPATHY, S.PURAM, KOTTAYAM. ADDL. R4. ANIL KUMAR, SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT OF INDIA, NIRMAN BHAVAN, NEW DELHI, PIN 110001, IS IMPLEADED AS ADDL.R4 VIDE ORDER DT. 18.2.11 98IN IA. NO.119/2011. R1 TO 3 BY SRI.P.PARAMESWARAN NAIR, ASG OF INDIA R3 BY ADVS. SRI.K.JAYAKUMAR, SENIOR ADVOCATE SRI.P.B.KRISHNAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Con.Case(C).No. 883 of 2009(S) --------------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ------------------------------------ ANNEXURE A1. COPY OF THE JUDGMENT DT. 4.6.2007 IN P NO.2843/2000 OF THIS HON'BLE COURT. ANNEXURE A2. COPY OF THE ORDER DT. 16.1.2008 IN R.P. NO.1031/2007 IN OP NO.2843/2000 OF THIS HON'BLE COURT. ANNXURE A3. COPY OF THE LETTER DT. 15.2.1999 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A5. COPY OF THE ORDER DT. 19.7.1990 ISSUED BY THE 1ST RESPONDENT. ANNEXURE A6. COPY OF THE ORDER DT. 15.6.1993 ISSUED BY THE 3RD RESPONDENT. ANNEXURE A7. COPY OF THE ORDER DT. 21.7.1999 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A8. COPY OF THE ORDER DT. 6.11.2001 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A9. COPY OF THE REPRESENTATION DT. 30.8.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS : NIL --------------------------------- / TRUE COPY / P.A. TO JUDGE VK Thottathil B.Radhakrishnan, J. = = = = = = = = = = = = = = = = = = = = = = = = Cont.Case(C).No.883 of 2009-S & I.A.No.430 of 2011 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of August, 2011. Judgment The captioned interlocutory application is filed seeking a direction that respondents 1 and 4 in the array of parties in the contempt of court case may be deleted from the array. It is not necessary to consider that now because, the learned counsel appearing on both sides say that the judgment dated 4th June, 2007 in O.P.No.2843 of 2000 on the strength of which, this contempt of court case is filed, is pending consideration at the hands of the Division Bench in an appeal which has been admitted and the effect of that judgment stands stayed. Under such circumstances, this contempt of court case as it now stands, does not survive. The same is hence dismissed without prejudice to the petitioner seeking remedies in accordance with law on the basis of any modified judgment of the Bench. I.A.430/2011 closed. Thottathil B.Radhakrishnan, Judge. Sha/2408