IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Con.Case(C).No. 1301 of 2008(S) ----------------------------------------- AGAINST THE JUDGEMENT IN WPC.5394/2008 Dated 14/02/2008 .................... PETITIONER: ------------------ N.BALAKRISHNA MENON, AGED 57 YEARS, S/O. N.SANKARA MENON ASST.GENERAL MANAGER (ADMN.), O/O.GENERAL MANAGER TELECOM, PITCHU IYER JN., ALAPPUZHA-11. BY ADV. SRI.K.KESAVANKUTTY, SC, BSNL RESPONDENT: ------------------- V.K.UNNIKRISHNAN, AGED 40 YEARS, S/O.M.KUNJAN, BLOCK-I, B-1, BSNL QUARTERS, VELLAKKINAR, ALAPPUZHA. BY ADV. SRI.V.ANIL THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Cont. Case (C) No.1301 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of October 2008 JUDGMENT H.L.DATTU, C.J. Petitioner in Writ Petition No.5394/08 has filed this Contempt Petition under Sections 11 and 12 of the Contempt of Court Act, 1971. 2. In the contempt petition filed, it is stated that the respondent has wilfully and deliberately disobeyed the orders and directions issued by this court while disposing of the Writ Petition No.5394/08, dated 14th February, 2008. 3. This court, while disposing of the writ petition, has passed the following order: “Though several contentions have been urged by the petitioner in this writ petition challenging Exts.P4, P6 and P8 by which he has been required to vacate the official quarters occupied by him, learned counsel for the petitioner submits that he only requires some time to vacate the quarters. He undertakes to do so, if one month's time is given to him in that behalf. In the result, after hearing the learned counsel for the respondents also, writ petition is disposed of directing the respondents to permit the petitioner to continue in his official quarters till 16-3- Cont. Case (C) No.1301 OF 2008 :: 2 :: 2008. I also record the undertaking of the petitioner that he will necessarily vacate the quarters on or before 16-3-2008.” 4. Now, the learned counsel appearing for the petitioner, would submit, that, the respondent herein has been evicted from the premises on 17-10-2008 and the petitioners are put in possession of the quarters. 5. In view of this development, in our opinion, at this stage, we need not have to take cognizance of this contempt petition. Accordingly, we close this contempt petition. Liberty is reserved to the complainant to take such other defences which are available to him before the Civil Court in the civil suit filed by the respondent. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes