IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Con.Case(C).No. 861 of 2010() ----------------------------- AGAINST THE JUDGEMENT IN WPC.14969/2010 1.6.2010 .................... PETITIONER(S): --------------- SEBASTIAN JOHN, AGED 57 YEARS, S/O.DEVASIA JOHN, PARK VIEW BUNGALOW, C.M.C.-16, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT(S): --------------- 1. R.SUDHEER RAJ, AGED ABOUT 50 YEARS, (FATHER'S NAME AND RESIDENTIAL ADDRESS NOT KNOWN TO THE PETITIONER), THE SECRETARY, CHERTHALA MUNICIPALITY, CHERTHALA, ALAPPUZHA DISTRICT. 2. KUNJUMON, AGED ABOUT 43 YEARS, S/O.JOHN, KURAVANVELIYIL, CHERTHALA EAST MURI, CHERTHALA, ALAPPUZHA DISTRICT. ADV. SRI.GEORGE SEBASTIAN FOR R2 SHRI J.OM PRAKASH FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Contempt of Court Case No.861/2010-S ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July, 2010 J U D G M E N T Alleging non compliance of the directions issued by this Court, this contempt of court case has been filed. The crucial issue is regarding the removal of waste dumped in the property of the petitioner, in violation of the agreement executed by the second respondent herein. When the matter was posted on 12/07/2010, the learned Standing Counsel for the Municipality submitted that they have issued a tender to remove the waste materials from the petitioner's property and the same will be effected within a period of ten days. Today it is submitted that six loads have already been removed and in the light of the monsoon rains, and as the major part of the waste materials remaining there are now under water, they can remove the remaining quantity of waste only after the water subsides, which will be duly completed. The learned counsel for the Municipality submitted that the remaining waste will also be removed within a reasonable time. The same is recorded. 2. The learned counsel for the petitioner submitted that under the guise of removing waste materials, two loads of silica have already been removed. This is a fresh cause of action, as far as the whole issue is concerned. The C.O.C. No.861/2010 -:2:- petitioner can seek remedy in that matter before appropriate Court. The Contempt of Court Case is, therefore, closed. (T.R. Ramachandran Nair, Judge.) ms