IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 Con.Case(C).No. 462 of 2010(S) ------------------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18122/2009 Dated 30/06/2009 .................... PETITIONER(S): PETITIONER IN THE WRIT PETITION -------------------------------------------------------------------------- DR.LEO.L.K., AGED 39 YEARS, S/O.K.S.LUKA, PHARMACIST, GOVERNMENT HOMEOPATHIC MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM, RESIDING AT RAVATHY BHAVAN, MUDAVANMUGHAL, THIRUVANANTHAPURAM. BY ADVS. SRI.GOPAKUMAR R.THALIYAL SRI.N.P.PRAJEESH RESPONDENT(S): 2ND RESPONDENT ----------------------------------------------------- SMT.USHA TITUS I.A.S, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE (J) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- Contempt Case(C)No.462 Of 2010 ----------------------------------------------------- DATED THIS THE 21st DAY OF FEBRUARY, 2011 J U D G M E N T The petitioner is aggrieved by the order Annexure II stated to be passed by the Government in compliance with Annexure I judgment. The petitioner had filed a representation as per Exhibit P15 with regard to the amendment of the Special Rules. 2. In Annexure II, the Government has stated that a revised draft proposal from the Principal & Controlling Officer was received in Government on 7.1.2010 vide the letter read as 6th paper referred to in the order which is under consideration of the Government. 3. According to the learned counsel for the petitioner, no fresh decision has been taken in terms of the direction issued by this Court. 4. The respondent has filed an affidavit stating various aspects. It is averred in the affidavit that various steps were taken in the matter and on receipt of the revised draft Special Rules, action will be initiated in line with the procedures to be adopted and the Special Rules will be framed at the earliest. But COC.No.462/10 -2- a considerable time will be taken to do so to comply with all the formalities and procedures involved therein, it is stated. 5. It is the contention of the learned counsel for the petitioner that time is taken without any bonafides, as the entire procedures were over. Evidently, this Court has not issued any direction so as to amend the Special Rules. It is upto the Government to take a decision in the mater. Therefore, I do not think the complaint of the petitioner that there is wilful disobedience of the judgment is correct. If the petitioner is aggrieved by Annexure II order, he will have to challenge it in appropriate Writ Petition. Leaving open the said remedy, the Contempt Case is closed. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge