IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 Con.Case(C).No. 1331 of 2010(S) ------------------------------- PETITIONER/PETITIONER: ---------------------------- KUTTIYAMAKKANAKATH IQBAL, AGED 37 YEARS, S/O.UMMER, KUTTIYAMAKKANAKATH HOUSE,MARAKKADAVU,BP ROAD, PONNANI PO, PONNANI TALUK,MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENTS/RESPONDENTS: ---------------------------------- 1. MR.M.C.MOHANDAS,AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE DISTRICT COLLECTOR, MALAPPURAM,MALAPPURAM PO, PIN 676 505,KERALA. 2. KURIAN JOHN,AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,PONNANI MUNICIPAL SECRETARY (PRESENT),PONNANI TALUIK,PONNANI PO, PIN 679 577, MALAPPURAM DISTRICT, KERALA. 3. M.M.NARAYANAN AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER CHAIRMAN,PONNANI MUNICIPALITY, PONNANI TALUK, PONNANI PO, PIN 679 577, MALAPPURAM DISTRICT, KERALA. R1 BY SENIOR GOVERNMENT PLEADER, SRI.BENNY GERVASIS R2 BY ADV. SRI. C.M. MOHAMMED IQUBAL R3 BY ADV.SRI.MANUVILSAN. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Thomas P. Joseph, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 1331 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2011 JUDGMENT J.Chelameswar, C.J. The present Contempt Case is filed complaining that the interim order dated 06.10.2010 in W.P.(C) No.30683 of 2010 is deliberately disobeyed. 2. The writ petition itself was filed alleging that the respondents are selling river sand in contravention of the law i.e., the Kerala Protection of River Banks & Regulation of Removal of Sand Act, 2001 which according to the petitioner authorises the sale of sand only in favour of the 'consumer' and not to the 'middleman' who are described by the petitioner in the writ petition as 'sand mafia'. Whatever be the correctness of such allegation, the writ petition is still pending, however by the abovementioned interim order, the petitioner sought a direction to the respondents not to sell sand to any person other than the consumer in the Malappuram District and interim order as prayed for has been granted. CCC No. 1331 of 2010 -:2:- 3. All the three respondents filed their affidavits. The 1st respondent took a categoric stand that Annexures 2 to 4 relied upon by the petitioner, i.e., passes pertain to sale of sand from kadavus which are beyond his jurisdiction. Therefore the 1st respondent cannot be blamed of having violated the interim order of this Court. Coming to the 2nd respondent it is the case of the 2nd respondent that the abovementioned interim order was received by him only on 08.10.2010 evening at 5 p.m. Annexures 2, 3 and 4 were issued by him even before the receipt of the copy of the interim order. 9th and 10th were happened to be holidays. On 11th the 2nd respondent issued instructions to the watchman of the kadavu, in substance directing him to comply with the interim order of this Court. 4. Coming to the 3rd respondent the case of the 3rd respondent is that firstly he is not aware of the interim order and secondly he ceased to be the Chairman of the Municipality from 01.10.2010, i.e. even prior to the date of the interim order, and also ceased to be the Chairman of the Kadavu Committee which he held ex-officio when he was the Chairman of the Municipality. CCC No. 1331 of 2010 -:3:- In the circumstances, we are satisfied with the explanation offered by the respondents. We do not see any reason to proceed further with the Contempt Case. The Contempt Case is dismissed. J.Chelameswar, Chief Justice. Thomas P. Joseph, Judge. ttb