IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 Con.Case(C).No. 1818 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1662/2008 Dated 06/02/2008 .................... PETITIONER(S): --------------- M/S.ESSAR TELECOM INFRASTRUCTURE (P)LTD, 36/2624,FIRST FLOOR, CHERAMANGALATH HOUSE, SHENOY ROAD, COCHIN-682 017, REPRESENTED BY ASSISTANT MANAGER (SITE ACQUISITIONS & ADMINISTRATIO0N) MR.RAHUL DAS, S/O.DR.K.R.RAMADAS, AGED 29 YEARS. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENT(S): --------------- MRS.N.MANUBAI, W/O. NOT KNOWN, AGED ABOUT 40 YEARS, SECRETARY, KULASEKHARAPURAM GRAMA PANCHAYAT, (SPLGRADE),ADINAD NORTH.PO, PIN 690 542,KOLLAM DISTRICT. ADV. SRI.P.V.VENUGOPAL FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS.C.KURIAKOSE, J. ------------------------ C.O.C.1818/2008 IN W.P.(C)No.1662/2008 ------------------------ Dated this the 6th day of February, 2009 JUDGMENT The accusation of the petitioner is that the directions in Annexure I judgment have been disobeyed by the Panchayat and that no order, as directed in Annexure 1, has been taken so far. The learned counsel for the Panchayat would draw my attention to Annexure R5 and submit that Annexure R5 order has been passed pursuant to the direction in Annexure 1. Sri.Santhosh Mathew, learned counsel for the petitioner would submit that Annexure R5 order is not one passed in obedience to the directions in Annexure 1. It is not preceded by hearing of the parties. He also submitted that though it is dated 12/6/2008 till this moment Annexure R5 is not communicated to the petitioner. 2. On hearing the above submission of Sri.Santhosh Mathew, the learned standing counsel for the Panchayat would submit that the Panchayat is being advised to hear the petitioner company again on the issue covered by Annexure 1 judgment and pass fresh orders. I record the above submission and dispose of this contempt of court case directing the Panchayat to hear the petitioner company after issuing hearing notice to them on the issue covered by Annexure 1 judgment and to pass fresh orders. Hearing and passage of fresh orders as directed above shall be completed within one month of receiving a copy of this judgment. Once fresh orders are passed those orders should be communicated to the petitioner without delay. PIUS.C.KURIAKOSE,JUDGE dpk