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 THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Con.Case(C).No. 711 of 2008(S) ------------------------------------------------------ ARISING OUT OF THE JUDGEMENT IN WPC.No.10751/2004 Dated 13/07/2006 .................... PETITIONERS/PETITIONERS: ---------------------------------------- 1. DR.K.K.USHA, W/O.SASIKUMAR, AGED 33 YEARS, RESIDING AT DIPU NIVAS, PATHIRAPPALLY PO., ALAPPUZHA. 2. DR.GEETHA MATHEW, W/O.ROY ZACHARIA, AGED 32 YEARS, RESIDING AT THEKKEPARAMBIL HOUSE, THOZHATHANADU PO., KOTTAYAM. BY ADV. SRI.M.R.RAJENDRAN NAIR (SR.) SRI.M.R.HARIRAJ SRI.SURAJ.S SMT.VINEETHA B. RESPONDENT: RESPONDENT: ------------------------------------------- P.C.BENOY, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONERS, SECRETARY, KERALA STATE PUBLIC SERVICE COMMISSION, PATTAM, TRIVANDRUM. BYSTANDING COUNSEL SRI.ALEXANDER THOMAS. THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------------------ Cont. Case (Civil) No.711 of 2008-S ------------------------------------------------------- Dated, this the 19th day of June, 2008 JUDGMENT H.L.Dattu, C.J. Alleging that the respondent has not complied with the orders and directions issued by this Court while disposing of W.P.(C) No.10751 of 2004 dated 13th July, 2006, the petitioner in the writ petition has presented this contempt petition with a request to initiate appropriate contempt proceedings against the respondent and to punish him for the so called wilful and deliberate disobedience of the orders and directions issued by this Court. 2. Sri.Alexander Thomas, learned counsel appearing for the respondent/contemnor has filed an affidavit on behalf of the respondent. In paragraph 3 of the affidavit it is stated as under: “3. It is most humbly submitted that the respondent Service Commission has the greatest regard and respect for the directions of this Hon'ble Court and there has not been even the remotest intention to wilfully or deliberately disobey the directions in the judgment of this Hon'ble Court. After the COC No.711/2008 -2- pronouncement of the judgment in the above WP ( C), the respondent Service Commission had filed Civil Appeal before the Apex Court. Later after the pronouncement of the judgment in the Civil Appeal, the respondent Service Commission had decided to file Review Petition in the matter before the Apex Court. As already submitted, the respondent Service Commission has decided to comply with the directions in this WP ( C), subject to the result of the above said Review Petition. Under these circumstances it is most respectfully submitted that this Hon'ble Court may be pleased to drop all further proceedings in this petition and may be pleased to close this Contempt Case, accordingly.” 3. In view of the undertaking given by the respondent/ contemnor, in our opinion, for the present, we need not have to continue with the contempt proceedings. Accordingly, the contempt proceedings are dropped for the present. Liberty is reserved to the petitioners to approach this Court if need arises in future. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS