IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Con.Case(C).No. 96 of 2009(S) ----------------------------- {IN WPC.38283/2007 OF THIS COURT} .................... PETITIONER(S): PETITIONER/ IST PETITIONER ---------------------------------------------------------------------------- R.BABU, S/O.N.RAGHAVAN,AGED 30 YRS, HEAD SURVEYOR,OFFICE OF THE SUPERINTENDENT OF SURVEY (RE-SURVEY),PUNALUR, KOLLAM DISTRICT, RESIDING AT BABU VILAS,PADINJATTUMKARA, KOTTARAKKARA, KOLLAM. BY ADV. SRI.A.ANILKUMAR RESPONDENT(S): 1ST RESPONDENT: ----------------------------------------------------------- NIVEDITA.P.HARAN, (FATHER'S NAME, AGE AND ADDRESS NOT KNOWN TO THE PETITIONER) SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- C.O.C.No.96 of 2009 ------------------------- Dated this the 4th day of March, 2009. O R D E R The respondent has filed an affidavit and it is stated in paragraphs 7 and 8 thereof, as follows: “It is respectfully submitted that this respondent had already taken a decision to promote the petitioners provisionally except Sasidharan, who is under suspension now, by invoking Rule 13 A of KS & SSR, 1958. The decision was taken on 09/02/2009. Thereafter the file was sent to the Chief Minister for approval on 9.2.2009. On 17.2.2009 the Chief Minister ordered to send the file to P & ARD again. The remarks from the P & ARD obtained on 24.2.2009 with an advice to consult the Law Department also. This respondent is taking hasty steps to issue final orders in the matter at the earliest at any rate within a period of 2 weeks. This respondent offers unconditional apology in causing inconvenience to this Hon'ble Court. Hence it is humbly prayed that this Hon'ble Court may be pleased to accept this affidavit after condoning the delay and to close the contempt proceedings. In the meantime, the petitioners in W.P.(C) No.38283/07 filed contempt of court and this Hon'ble Court has ordered to file an affidavit on or before 26.2.2009. This respondent has taken all C.O.C.No.96 of 2009 :: 2 :: efforts to comply with the directions contained in the judgment within the stipulated time itself. There is no willful laches, negligence or disobedience on the part of this respondent. The delay is only due to administrative reasons stated above. Hence it is humbly prayed that this Hon'ble Court may be pleased to dispense with personal appearance in the contempt of court and close the contempt proceedings.” 2. The said affidavit is incorporated and the contents thereof are recorded. In the result, the Contempt of Court Case is closed, without prejudice to the right of the petitioner to seek a reopening of the case, if the circumstances so warrant. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge