IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Con.Case(C).No. 1364 of 2009() ------------------------------ AGAINST THE JUDGEMENT IN WPC.27979/2009 Dated 21/10/2009 .................... PETITIONER(S): PETITIONER ------------------------- NOUSHAD ROSHAN, S/O. SAIDALAVI EDAMAN PO, EDAMON VILLAGE, KOLLAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY E.MOHAMMED HANEEFA, AGED 54, S/O. EBRAHIM RAWTHER BY ADV. SRI.PRAVEEN K. JOY SRI.ADEEP ANWAR RESPONDENT(S): --------------- SHAJAHAN @ SHAJI S/O.ALIYARUKANNUY RAWTHER, BUNGLOW VEEDU UDAYAGIRI, KOLLAM DISTRICT. ADV. SRI.T.M.ABDUL LATHEEF THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Cont. Case (C).No.1364 OF 2009 ------------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT The complaint in this contempt case is that the respondent herein, who was the 4th respondent in the writ petition, has violated the directions contained in the last paragraph of that judgment that he shall not carry on with the constructions till the panchayat secretary decides the matter. The respondent appears through counsel and states that he is filing counter affidavit stating that no constructions have been made in violation of the judgment. It is not for this Court to resolve such disputes on questions of facts because the panchayat secretary can look into all these matters while deciding the main matter which has been ordered to be decided as per Annexure I judgment. It is stated that the panchayat Secretary has issued a notice stating that there are certain violations. Learned counsel for the petitioner states that he has submitted explanation. Under such circumstances, on the alleged violation of the COC.1364/09 2 directions contained in the judgment, I do not deem it necessary for this Court to entertain this matter under the Contempt of Courts Act. Hence, this case is dismissed without prejudice to other proceedings pending before the secretary. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.4/12.