IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Con.Case(C).No. 35 of 2010(S) ----------------------------- AGAINST THE ORDER IN WPC.13533/2009 Dated 28/07/2009 .................... PETITIONER(S): PETITIONER ------------------------- DR.P.SYAM, S/O.P.PRABHAKARAN NAIR, AGED 49 YEARS,ASSISTANT PROFESSOR IN ORTHOPAEDICS, T.D.MEDICAL COLLGE HOSPITAL, ALAPPUZHA. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): IST RESPONDENT ----------------------------- DR.USHA TITUS, W/O.TITUS KOSHY, AGED ABOUT 50 YEARS, SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. By GOVERNMENT PLEADER SMT.T.B.REMANI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------------- Cont. Case (C) No.35 of 2010 --------------------------------- Dated 19th March, 2010 JUDGMENT Heard Sri.George Poonthottam, the learned counsel appearing for the petitioner and Smt.T.B.Remani, the learned Government Pleader appearing for the respondent. On going through the pleadings and the contents of Annexure R1(a) Government order dated 23.1.2010 and after hearing the submissions made at the Bar, I am of the considered opinion that no grounds have been made out to proceed further under the Contempt of Court Act, 1971 against the respondent. The remedy of the petitioner, in my opinion, if he is aggrieved by Annexure R1(a), is to challenge the same in other appropriate proceedings. The learned counsel for the petitioner submits that the petitioner has taken steps to amend W.P.(C)No.13533 of 2009 by incorporating the challenge to Annexure R1(a) and that the application filed by him in that regard has been allowed. In the light of the said submission, without prejudice to the right of the petitioner to prosecute W.P(C)No. 13533 of 2009 and to challenge Annexure R1(a) therein, this contempt case is closed. P.N.RAVINDRAN Judge TKS