IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 Con.Case(C).No. 1041 of 2008(S) ------------------------------- AGAINST THE ORDER IN WPC.13390/2008 Dated 29/04/2008 .................... PETITIONER/PETITIONER IN THE WPC ------------------------------------------------- S.MUHAMMED SHERIFF, S/O.SULAIMAN, AGED 54, ASSISTANT EXECUTIVE ENGINEER (ROADS SUB DIVISION), NEDUMANGAD, THIRUVANANTHAPURAM. RESIDING AT TC 2/1137, POONAMKULAM LANE, MURINJAPALAM. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT/ RESPONDENTS IN THE WPC ----------------------------------- TOM JOSE, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY, PUBLIC WORKS (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. - - - - - - - - - - - - - - - - - - - - - Contempt of Court Case No.1041/2008 in W.P.(c).No.13390 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of September, 2008 JUDGMENT A counter affidavit has been filed by the respondent denying the accusation. Paragraph 5 of the affidavit reads as follows: “ It is respectfully submitted that the petitioner was working at Roads Sub Division, Nedumangad continuously for the last 4 years ie, from 21-06-2004. He is now residing at Muninijapalam in Thiruvananthapuram city. While Ext.P2 representation was pending with Government, orders were issued vide G.O.(Rt)No.916/08/PWD dated 20-06-2008 transferring the petitioner to N.H. By-pass Sub Division, Kovalam, a place in the same district. On noticing the interim order of the Hon'ble High Court the Chief Engineer Administration was directed to keep the order of transfer of the petitioner in abeyance vide Government letter No.12724/B2/08/PWD dated 26-06-2008. Thereafter Government examined the various contentions raised by the petitioner in Ext.P2 representation. He was CCC.No.1041/08 2 also heard in person by the Additional Secretary on 26-08-2008. During the hearing he submitted that he was continuing as Assistant Executive Engineer in Road Sub Division, Nedumangad from 21-06-2004 and was having only 4 months to retire on superannuation. According to him the new station to which he was transferred was also convenient to him. During the hearing he also submitted that he was not pressing the request contained in Ext.P2 representation.” 2. Learned counsel for the petitioner seeks time to file reply affidavit since according to him it is not the “clear fact” which is stated in paragraph 5. Learned counsel however was unable to deny the averment that the petitioner is superannuating on the 21st October 2008 and that he has already joined at the new station. I do not find that any case is made out for initiation of contempt. Contempt of court case is dismissed. PIUS.C.KURIAKOSE JUDGE sv. CCC.No.1041/08 2