IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Con.Case(C).No. 1280 of 2008(S) --------------------------------------------------- ARISING OUT OF THE ORDER IN WPC.18962/2008 Dated 26/06/2008 .................... PETITIONERS/PETITIONERS: ------------------------------------------ 1. JOY, S/O.SEBASTIAN, AGED 48 YEARS, VETTIKKUZHIYIL HOUSE, KATTAPPANA PO., IDUKKI DISTRICT.. 2. K.J.BENNY, S/O.JOSEPH, AGED 37 YEARS, THURAKUNNEL HOUSE, KADAMAKKUZHY PO., IDUKKI DISTRICT. 3. MANOJ MURALI, S/O.MURALEEDHARAN NAIR, AGED 34 YEARS, MELETTU HOUSE, NARIYAMPARA PO., IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. K.K.CHELLAPPAN, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONERS), SUPERINTENDENT OF POLICE, IDUKKI, OFFICE OF THE SUPERINTENDENT OF POLICE, PAINAVU PO., IDUKKI DISTRICT. 2. A.C.THOMAS, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONERS), DY.SUPERINTENDENT OF POLICE, KATTAPPANA, OFFICE OF THE DY.SUPERINTENDENT OF POLICE, KATTAPPANA PO., IDUKKI DISTRICT. 3. V.D.VIJAYAN, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONERS), CIRCLE INSPECTOR OF POLICE, KATTAPPANA, OFFICE OF .THE CIRCLE INSPECTOR OF POLICE, KATTAPPANA PO., IDUKKI DISTRICT. COC.NO.1280/2008 -2- 4. V.S.ANILKUMAR, (FATHER'S NAME & AGE NOT KNOWN TO THE PETITIONERS), SUB INSPECTOR OF POLICE, KATTAPPANA, KATTAPPANA POLICE STATION, KATTAPPANA PO. IDUKKI DISTRICT. BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------- Cont. Case (Civil) No.1280 of 2008 ---------------------------------------------------- Dated, this the 23rd day of September, 2008 JUDGMENT A.K.Basheer, J. Petitioners had filed W.P.(C) No.18962/2008 seeking a direction to the respondents “to afford necessary assistance and sufficient police protection” for the conduct of the election to the Managing Committee of the Kattappana Service Co-operative Bank Limited. This petition under the Contempt of Courts Act has now been filed by the petitioners alleging that the interim direction issued by this Court in the above Writ Petition had not been properly implemented by the respondents. 2. By the impugned order dated June 26, 2008, this Court had directed the respondents-police officials to afford necessary assistance and protection for the conduct of the election. It is alleged by the petitioners that when some untoward incidents took place in and around the polling booth, the police officers stood watching the activities as silent spectators. 3. In the counter affidavit filed by the Deputy COC No. 1280/2008 -2- Superintendent of Police, Kattappana, it is averred that proper police bandobust had been provided for the conduct of the election. He also refers to the report given by the Returning Officer stating that the election had been held peacefully. However, it is admitted by the deponent that there were some instances of violence involving various political parties and two crimes have been registered. The investigation in those crimes are going on. 4. We have carefully perused the averments in the contempt petition and the counter affidavit filed by the 2nd respondent. We do not find any reason to entertain this contempt case. Therefore, the contempt petition is closed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS