IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Con.Case(C).No. 842 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.11211/2008 Dated 02/04/2008 .................... PETITIONER : ----------------- JELSAN.P.A, S/O.ANTONEY, PARATHAMVEETTIL HOUSE, WARD NO.8,KANNAMALI, KOCHI-8. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------- 1. MRS.A.KARTHYAYANI, THE SECRETARY, CHELLANAM GRAMA PANCHAYATH,CHELLANAM, ERNAKULAM. ADDITIONAL RESPONDENTS 2. THE SUB INSPECTOR OF POLICE KANNAMALY 3. THE ASSISTANT COMMISSIONER OF POLCE MATTANCHERRY Additional respondents impleaded suo motu vide judgment dated 23-06-2008 BY ADV. SRI.DINESH R.SHENOY FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- C.C.C. NO. 842 of 2008 ---------------------------------- Dated this the 23rd day of June , 2008 JUDGMENT The Sub Inspector of Police, Kannamaly and the Assistant Commissioner of Police, Mattanchery are impleaded suo motu as additional respondents 2 and 3. 2. This Contempt of Court Case has been filed by the writ petitioner accusing the respondent of disobedience of Annexure I judgment. I had permitted the writ petitioner to file a written representation before the Panchayat seeking implementation of Ext.P2 resolution already adopted by the Panchayat and I had directed the Panchayat to consider that representation and to ascertain whether Ext.P2 resolution has attained finality and then do the needful for implementing Ext.P2. 3. The Secretary of the Panchayat has filed a detailed counter affidavit, wherein it is stated that one Sri.A.T.Mathew and his family members were obstructing the Panchayat whenever the Panchayat attempted to implement Ext.P2 resolution. It is also stated that when the Assistant Commissioner of Police , Mattancherry and the Sub Inspector of Police, Kannamaly were requested by the Panchayat to C.O.C. No.842/2008 2 assist the Panchayat in implementing Ext.P2 in the light of Annexure 1 Judgment, the police expressed their inability to render such assistance on the technical reason that this court has not passed any specific direction to the police. It is the statutory obligation of the police to render assistance to the Panchayat for implementing all resolutions lawfully taken by the Panchayat. In view of the facts stated in the counter affidavit submitted by the respondent, it will not proper to initiate action for contempt against the Panchayat at this stage. 4. I dispose of this Contempt of Court Case directing the Sub Inspector of Police Kannamaly (Additional respondent No.2) and the Assistant Commissioner of Police, Mattanchery (Additional respondent No.3) to render assistance to the Panchayat, if request is received from the Panchayat for implementation of resolution which is Ext.P2 in Annexure 1 Judgment early i.e. at any rate within three weeks of receiving such request from the Panchayat. The additional respondents shall ensure, by issuing notice to Sri.A.T.Mathew, Alunkal Veedu, Kannamali P.O. , Kochi – 08, that no court orders are pending against the implementation of Ext.P2. PIUS C. KURIAKOSE JUDGE dpk C.O.C. No.842/2008 3