IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 Cont.Case(Crl.).No. 1 of 2011(S) -------------------------------- AS PER ORDER DATED 19.01.2011 IN WPC.16783/2009 .................... SUO MOTU CONTEMPT OF COURT CASE (CRIMINAL) REGISTERED UNDER SECTION 2(C) AND 15 OF THE CONTEMPT OF COURTS ACT, 1971 READ WITH RULE 7 OF THE CONTEMPT OF COURTS (HIGH COURT OF KERALA) RULES. AGAINST SRI.ASHRAF, TALUK SURVEYOR, KANAYANNUR TALUK, ERNAKULAM. By ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.B.S.SURESH KUMAR THIS CONTEMPT OF CASE (CRIMINAL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Cont.Case(Crl.).No. 1 of 2011(S) APPENDIX EXHIBITS: ANNEXURE A : COPY OF ORDER DATED 27.07.09 IN WPC Nos.16783/09 & 17861/09. ANNEXURE B: COPY OF ORDER DATED 16/09/09 IN I.A. No.11433/09 in WPC Nos.16783/09 & 17861/09. ANNEXURE C : COPY OF ORDER DATED 02.11.2010 IN WPC 16783/2009. ANNEXURE D: COPY OF INTERIM REPORT SUBMITTED B Y THE ADVOCATE COMMISSIONER ON 23.12.2010. ANNEXURE E : COPY OF ORDER DATED 19.01.2011 IN WPC 16783/09. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & P.R. Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Criminal)No. 1 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of June, 2011 JUDGMENT J.Chelameswar, C.J. Having regard to the nature of the allegations and counter allegations in the case and having regard to the fact that the allegations are made against a lady advocate commissioner of this Court, we thought it appropriate to conduct contempt proceedings in camera. 2. The sealed cover referred to in the order dated 14.06.2011 is opened in the presence of all the counsel appearing for the various petitioners in each of the writ petitions (W.P.(C) Nos.16783, 17861 and 21721 of 2009), Sri.S.Ramesh, learned Standing Counsel for the Coastal Zone Management and Sri.V.Chitambaresh, the learned Senior Counsel appearing for the respondent/contemnor. Perused the content of the affidavit kept in the sealed cover, wherein the full text of the SMS allegedly received by the contemnor is incorporated. Having regard to the content of the said Contempt Case (Criminal)No. 1 of 2011 -:2:- message we are of the opinion that, a further probe into the truth of the allegations whether the advocate commissioner sent such a message, in our opinion, may lead to unpleasant consequences to the individuals concerned. All the learned counsel appearing for the various parties also agreed that the contempt case can be closed at this stage. We, accordingly, close the Contempt petition. Having regard to the sensitivity of the matter, all the learned counsel appearing in these case agreed with our suggestion that the affidavit need not be maintained on the record of this Court. Therefore, the affidavit and its copy are returned to Sri.V.Chitambaresh. J.Chelameswar, Chief Justice. P.R. Ramachandra Menon, Judge. ttb Contempt Case (Criminal)No. 1 of 2011 -:3:-