IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Con.Case(C).No. 610 of 2010(S) ------------------------------ AGAINST THE ORDER IN WPC.2450/2010 Dated 03/02/2010 .................... PETITIONER/PETITIONER IN WPC: ------------------------------------- BOBY SEBASTIAN,S/O.E.K. SEBASTIAN, AGED 41 YEARS, CIRCLE HEAD, INDIA TELECOM INFRA LTD., NO.42/1327(1), 2ND FLOOR, V.S. ARCADE, POWER HOUSE ROAD, OPP. POWER HOUSE, KACHERIPADI,COCHIN-682 018, REPRESENTED BY ITS AUTHORISED PERSON BOBY SEBASTIAN, CIRCLE HEAD. BY ADV. SRI.P.SATHISAN RESPONDENT/2ND RESPONDENT IN WPC: --------------------------------------------- MR.R. RAJESH, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SUB INSPECTOR OF POLICE(STATION HOUSE OFFICER), PUTHENKULAM POLICE STATION, PARAVOOR, KOLLAM. BY SENIOR GOVERNMENT PLEADER, SMT. K. MEERA. THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (civil) No. 610 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2010 JUDGMENT Ravindran, J. By Annexure A1 interim order passed on 03.02.2010 in WP(C) No.2450 of 2010, a Division Bench of this Court directed the Sub Inspector of Police, Paravoor to afford adequate police protection to the petitioner in case any obstruction is caused for the construction of mobile base transceiver station, provided there are no prohibitory orders issued by any statutory authorities or the Civil Court. 2. This contempt case is filed alleging that notwithstanding the said order, the respondent herein, the concerned Sub Inspector of Police, has not afforded police protection and therefore the petitioner could not proceed with the construction. The petitioner has not averred in the contempt case that after the aforesaid interim order was passed by this Court, any obstruction was caused by the party respondents in the writ petition and that on being informed of COC No. 610 of 2010 -:2:- the same, the respondent refused to afford police protection. In the absence of any such averment in the contempt case, we are of the opinion that no prima facie case is made out warranting initiation of action against the respondent. We accordingly hold that no grounds have been made out to entertain this Contempt Case. It is accordingly closed. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb