IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Con.Case(C).No. 1359 of 2008(S) ----------------------------------------- AGAINST THE JUDGEMENT IN WA.182/2008 Dated 05/02/2008 .................... PETITIONER: ------------------ EBRAHIM EBRAHIM MAMMU, THERUVATHU HOUSE, THALANGARA POST, NOW RESIDING AT VAHIDA MANZIL, CHOIUKI, AZAD NAGAR, KODLU. BY ADV. SRI.P.A.AUGUSTIAN SRI.T.R.JAGADEESH RESPONDENTS: -------------------- 1. SHRI.D.D.INGTE, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, FORMER COMMISSIONER OF CUSTOMS, COCHIN AND PRESENT COMMISSIONER (PREVENTIVE), I.S.PRESS ROAD, COCHIN. 2. SHRI.SYED MOHAMMED, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, COMMISSIONER OF CUSTOMS, CUSTOMS HOUSE, COCHIN. ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS FOR R2 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, C.J. & A.K. BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.C.C. No. 1359 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2008. Judgment H.L. Dattu, C. J: Appellant in W.A.No.182/2008 is the complainant in this Contempt Petition. 2. In the Contempt Petition filed, the complainant alleges that the respondents have disobeyed the directions issued by this Court at paragraph 9 of the order and therefore requests us to initiate appropriate contempt proceedings against the respondents for their wilful and deliberate disobedience of the orders and directions issued by this Court. 3. This Court while disposing of the WA.182/2008 by its order dated 5th February 2008, at paragraph 9 had stated as under: “Taking into consideration all these aspects of the matter, in our opinion, for the present, we need not grant the reliefs sought by the appellant/petitioner. However, we make it clear that the respondent shall complete the investigation and enquiry and pass final orders as expeditiously as possible, at any rate within three months from today, if the petitioner co-operates with the Department. The appellant/petitioner is permitted to have the assistance of the learned counsel when he participates in the enquiry proceedings that CCC.1359/2008. 2 may be held by the respondent as directed by us” 4. A perusal of the directions issued by this Court would clearly indicate that the respondent shall complete the investigation and the enquiry and pass final orders within an outer limit of three months from the date of the order, provided the appellant co-operates with the Department. 5. The second respondent has filed a detailed counter affidavit. In paragraph 2 of the affidavit it is stated that though several summons/ notices were issued to the appellant to participate in the investigation and also in the enquiry, the appellant did not choose to appear before him and therefore there is neither wilful nor delilberate disobedience of the orders and directions issued by this Court. 6. We have carefully perused the orders passed by us while disposing of WA.No.182/2008 and also the counter affidavit filed by the respondent. In our opinion, the respondents have done whatever that is possible in their hands to get the co-operation of the appellant and to comply with the orders and directions issued by this Court. Since the appellant had not co-operated with the respondents, they have not completed the investigation and enquiry and also not passed final orders as directed by this Court. If anybody has to CCC.1359/2008. 3 be blamed, it is only the appellant and he cannot blame the respondents for not complying with the orders and directions issued by this Court. In that view of the matter, we decline to take cognizance of this Contempt Petition. 7. Accordingly the Contempt Petition is closed. Ordered accordingly. H.L. DATTU Chief Justice A.K. BASHEER Judge an.