IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Con.Case(C).No. 828 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WA.1146/2004 Dated 21/10/2009 .................... PETITIONER/1ST RESPONDENT IN WA/PETITIONER IN OP: --------------------------------------------------------------- K.SADASIVAN, AGED 71 YRS., S/O.KUNJUKRISHNAN CHENNAR, RETIRED DRIVER(KSRTC, MAVELIKKARA), PUTHENPURACKAL VEEDU, KADAVOOR, KARIPPUZHA P.O., MAVELIKARA-690103, ALLEPPEY DISTRICT. NOW R/AT PUTHEN PURACKAL HOUSE, KAITHA NORTH, CHETTIKULANGARA P.O., MAVELIKKARA, ALAPPUZHA DIST. BY ADV. SRI.ANANDARAJAN.N RESPONDENTS/APPELLANT IN WA/RESPONDENTS IN OP: --------------------------------------------------------------- 1. T.P.SENKUMAR. I.P.S., (AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), MANAGING DIRECTOR, KSRTC CHIEF OFFICE TRIVANDRUM. 2. NEELA GANGADHARAN I.A.S, (AGED AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIATE, TRIVANDRUM. R1 BY SRI.K.PRABHAKARAN, SC, KSRTC. R2 BY SR. GOVT. PLEADER, SMT.K.MEERA THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 828 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2009 JUDGMENT S.R.Bannurmath, C.J. This Contempt petition is filed alleging wilful disobedience of the order dated 21st October, 2009 in WA No.1146 of 2004. 2. By that impugned order the respondent was directed to pay arrears of pension payable to the petitioner within three months from the date of the order. Alleging that the entire arrears have not been paid and thereby the respondent has committed contempt, present contempt petition is filed. 3. After issuance of notice to the respondent we note that, though a sum of Rs.2,54,138/- has been paid, there is still a balance of Rs.1,29,305/-. In our view, the respondent has substantially complied with the directions issued. We do not find any wilful disobedience on his part and as such on that ground, the Contempt Case has to be closed. However, we make it clear that for the balance amount apparent from CCC No.828 of 2009 -:2:- the statement filed by the petitioner today and copy of which has been furnished to the respondent, respondent has to take appropriate action and comply with the judgment in its letter and spirit at the earliest and at any rate within four weeks from today. With the above observation the Contempt Petition is disposed of. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb/vku CCC No.828 of 2009 -:3:-