IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Con.Case(C).No. 270 of 2010(S) ------------------------------ AGAINST THE ORDER IN OPMV.36041/2009 Dated 14/12/2009 PETITIONER: ------------ PRASAD,AGED 28 YEARS, S/O.GOPALAKRISHNAN, MELUKUNNEL, KUKULEL, MANJOOR SOUTH PO, KOTTAYAM. BY ADV. SRI.SURIN GEORGE IPE RESPONDENTS: --------------- 1. PREMKRISHNAN NAIR, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,) LEGAL HEAD, INDUS TOWERS LTD, VANKARATH TOWERS, 8TH FLOOR, PALARIVATTOM KOCHI-24 2. SHIBU MATHEW, AGED 44 YEARS, S/O.MATHEW, PALATHARA HOUSE, THURUTHY PO CHANGANACHERRY, KOTTAYAM. BY ADV. SRI. V PILIP MATHEW. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN Ag. CJ & C.N. RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = = = = = CONT. CASE (C) No. 270/2010 = = = = = = = = = = = = = = DATED THIS, THE 25TH DAY OF FEBRUARY, 2010. J U D G M E N T Raman, Ag. CJ. This contempt case was filed alleging that after obtaining police protection, even though there was an order passed by the Panchayat interdicting the construction, construction was made and the tower was also commissioned. Learned counsel Sri. Philip appearing for the respondents submits that subsequently, the Panchayat has set aside the order. Further, the question here is not whether the tower was constructed or not, but the question is whether it is commissioned or not. Learned counsel submits hat except making preparations, actually commissioning is not take place. In view of the above, there is no violation of the order as of now. However, without obtaining permission from this Court, if there is any commissioning of the tower in future, it is open to the petitioner to approach this Court. Closed. P.R. RAMAN, (Ag. CHIEF JUSTICE) C.N. RAMACHANDRAN NAIR, (JUDGE). knc/-