IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Con.Case(C).No. 1041 of 2011(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.19253/2010 Dated 23/06/2010 PETITIONER: KHALID MUNDAPPILLY, AGED 63 YEARS, S/O. LATE MOHAMMED, MUNDAPPILLY HOUSE EDAYAPURAM,ALUVA P.O, ALUVA PIN 683 101. BY ADV. SRI.T.R.RAJAN RESPONDENTS: 1. DR.P.PRABHAKARAN IAS,AGE NOT KNOWN, FATHERS NAME NOT KNOWN,THE CHIEF SECRETARY GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANATHAPURAM 695 001. 2. JACOB PUNNOOSE IPS,AGE NOT KNOWN, FATHERS NAME NOT KNOWN,THE DIRECTOR GENERAL OF POLICE,THIRUVANANTHAPURAM 695 014. 3. HARSHITHA ATTALURI IPS, AGE NOT KNOWN,FATHERS NAME NOT KNOWN, THE SUPERINTENDENT OF POLICE (RURAL) ALUVA ERNAKULAM DISTRICT PIN 683 101. 4. C.R.RAJU AGE NOT KNOWN, FATHERS NAME NOT KNOWN, THE CIRCLE INSPECTOR OF POLICE, MUVATTUPUZHA 686 673. 5. P.A.FYZAL,AGE NOT KNOWN, FATHERS NAME NOT KNOWN, THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA PIN 686 673. GOVERNMENT PLEADER SMT. K. MEERA. SRI.JOHNSON MANAYANI SRI.BENHUR JOSEPH MANAYANI SRI.B.JAYASANKAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CONT. CASE ( C ) 1041/2011 APPENDIX ANNEXURES: ANNEXURE-A1: CERTIFIED COPY OF THE JUDGMENT DATED 23.6.2010 OF THIS HONOURABLE COURT IN W.P.(C) NO.19253/2010. ANNEXURE-A2 TRUE COPY OF THE COMMUNICATON SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 30.6.2010 ALONG WITH POSTAL RECEIPT. ANNEXURE A3 TRUE COPY OF THE COMMUNICATION DATD 30.6.2010 SENT BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH POSTAL RECEIPT. ANNEXURE A4 TRUE COPY OF THE COMMUNICATION DATED 30.6.2010 HANDED OVER BY THE PETITIONER TO THE THEN SUPERINTENDENT OF POLICE (RURAL), ALUVA. ANNEXURE A5 TRUE COPY OF THE NEWS ITEM THAT APPEARED IN THE MALAYALA MANORAMA KOCHI EDITION DATED 5.8.2011. // TRUE COPY // P.S. TO JUDGE. KNC/- C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = Cont. Case ( C ) 1041 of 2011 = = = = = = = = = = = = = = = = = = Dated this the 6th Day of December, 2011. J U D G M E N T C.N. Ramachandran Nair, J. Heard. The contempt petition is filed by the petitioner in the writ petition. Petitioner's counsel stated that there is violation of the judgment by all the respondents and towards proof he has produced clippings from the news paper which show public meetings being held on public road and road margin in violation of the judgment. However, from the statements filed by the State Police Chief and the Chief Secretary, what we notice is that there is general compliance of judgment though the legislation namely, the Kerala Public Ways (Restriction of Assemblies and Procession) Act, 2011, the provisions of which were stayed by us by our order dated 2.11.2011 has created some confusion. D.G.P. has stated that explanation is called for from responsible police officers as to why the stage was not removed in time. He has also stated that so far 505 cases are filed against those who violated the judgment. In view of the new legislation, we feel for the time being there is no need to pursue the Cont. Case © 1041/2011 2 contempt application, even though prima facie case is made out by the petitioner. Accordingly, we close the contempt case. However, the petitioner is free to file contempt application for violation of the judgment in the future. 2. Even though this Court through order dated 2.11.2011 proposed to initiate suo motu proceedings for considering the constitutional validity of the Act, considering that as of now two other connected writ petitions – W.P.(C) 32428/2011 and W.P.(C) 32429/2011 are pending in this Court wherein the challenge is against the constitutional validity of the very same statute, we do not propose to initiate any suo motu action for considering the constitutional validity of the statute. At the request of his counsel the petitioner in the contempt application Sri.Khalid Mundappilly is impleaded as additional petitioner in W.P.(C) 32428/2011 and W.P.(C) 32429 of 2011. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) KNC/-