IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Con.Case(C).No. 937 of 2008(S) ----------------------------------------------------- ARISING OUT OF THE JUDGEMENT IN WPC.27950/2006 Dated 08/01/2008 .................... PETITIONER/PETITIONER: ------------------------------------- T.J.GOVINDARU, AGED 58 YEARS, S/O.LATE N.JANARDHANAN NAMBOOTHIRI, THARANGINI, SOORANAD P.O., KOLLAM DISTRICT. (RETIRED DEPUTY CHIEF ENGINEER, KSEB.) BY ADV. SRI.D.SOMASUNDARAM SRI.D.SREEKUMAR RESPONDENT:RESPONDENT: ------------------------------------------ M.SUBAIR, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDHUTHI BHAVAN, THIRUVANANTHAPURAM. BY STANDING COUNSEL SRI.N.N.SUGUNAPALAN. SRI.K.S.ANIL, SC, KSEB FOR R1 THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------------------- Cont. Case (Civil) No.937 of 2008-S ---------------------------------------------------- Dated, this the 22nd day of July, 2008 JUDGMENT H.L.Dattu, C.J. Inter alia alleging that the respondent has disobeyed the orders and directions issued by this Court in W.P.(C) No.27950 of 2006 dated 8th January 2008, the complainant is before us in this contempt petition. 2. The respondent has filed a detailed counter affidavit. In that it is stated that, in similar matters involving similar issues the respondent has filed Special Leave Petition before the Apex Court along with a petition for condonation of delay and that it is numbered as CC.No.7744-45/2008. Further, it is stated that, the Apex Court while entertaining the SLP has granted an interim order of stay of the orders passed by this Court. 3. The respondent further submits that, in this case also the Board intends to take up the matter before the Apex Court for appropriate orders. 4. In our opinion, since similar matters are already pending COC No. 937/2008 -2- before the Apex Court, at this stage, it may not be necessary or appropriate for this Court to initiate contempt proceedings against the respondent/contemnor. In that view of the matter, the contempt case is closed for the present. However, liberty is reserved to the complainant/petitioner to approach this Court, if need arises in future. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE MS