IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Con.Case(C).No. 1800 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.35075/2007 Dated 09/07/2008 .................... PETITIONER(S): --------------- DR.SIVANANDAN, 63 YEARS, S/O.LATE RAMAN NANOO(MR.03487-K, MEDICAL SPECIALIST, MAJOR, ARMY MEDICAL CORPS(RETD.)RESIDING AT TRA 46, MEDICAL COLLEGE, PO., THIRUVANANTHAPURAM-695011. BY ADV. SRI.K.V.SADANANDA PRABHU SRI.T.GOPALAKRISHNAN RESPONDENT(S): --------------- BRIGADIER (SRI)CHERISH MATHSON SM, STATION COMMANDER, PANGODE MILITARY STATION, PANGODE, THIRUVANANTHAPURAM-6. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.BANNURMATH, C.J. & KURIAN JOSEPH, J. ---------------------------------------------- Con.Case (C) No.1800 of 2008 ---------------------------------------------- Dated 28th May, 2009. J U D G M E N T Kurian Joseph, J. After having heard counsel on both sides, we do not find that there is any contumacious conduct on the part of the respondent. Learned counsel for the petitioner however submits that the disposal of the Contempt of Court Case may not stand in the way of the petitioner working out his surviving grievances in appropriate proceedings. It is also submitted that in view of the fact that the petitioner has crossed the age of 65, the remedy open to him is to approach the civil court for compensation. We make it clear that the disposal of the Contempt of Court Case will not stand in the way of the petitioner working out his available remedies before any appropriate forum. The Contempt of Court Case is closed subject to the above observation. S.R.BANNURMATH, Chief Justice. KURIAN JOSEPH, Judge. tgs S.R.BANNURMATH, C. J. & KURIAN JOSEPH, J. ---------------------------------------------- Con.Case (C) No.1800 of 2008 ---------------------------------------------- J U D G M E N T Dated 28th May, 2009.