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 MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 Con.Case(C).No. 1210 of 2008(S) ------------------------------- AGAINST THE JUDGEMENT IN WPC.19878/2008 Dated 07/07/2008 .................... PETITIONER: PETITIONER ------------------------------------- DR.M.C. USHA KUMARI, AGED 40, D/O. CHELLAPPAN PILLAI, USHA MANDIRAM, PULAMAN, KOTTARAKKARA. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. MUTTAMBALAM MOHANAN, PRESIDENT, THE MYLOM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOTTARAKKARA, KOLLAM. 2. SHARAFUDEEN, SECRETARY, THE MYLOM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOTTARAKKARA, KOLLAM. 3. PRABHAKARAN PILLAI, S/O. RAGHAVAN PILLAI, AGED 67, RESIDING AT KERALA VILAS, PULAMAN.P.O, KOTTARAKKARA. COC No.1210/2008 4. SARASWATHI AMMA, W/O.PRABHAKARAN PILLAI, AGED 55, RESIDING AT KERALA VILAS, PULAMAN.P.O, KOTTARAKKARA. R3 & R4 BY ADV. SRI.N.N.SUGUNAPALAN SRI.JOHN BRITTO SRI.C.A.RAJEEV THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt case No. 1210 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2008 JUDGMENT H.L.DATTU, C.J. Inter alia, alleging that the respondents have disobeyed the orders and directions issued by this Court in WP(C) No. 19878 of 2008 dated 07.07.08, the petitioner has presented this Contempt Petition. (2). On the last date of hearing, in fact, we had dictated an order holding, prima facie, that, the respondents have willfully and deliberately disobeyed the orders and directions issued by this Court. On a request made by the learned senior counsel Sri.Sugunapalan, we had recalled that order. (3). Now, the respondents have filed an unconditional apology, and further they have given an undertaking that, they shall not continue with any construction till the matter is decided by the competent authorities. (4). In the peculiar facts and circumstances of this case, we accept the unconditional apology offered by the respondents/contemnors. Contempt case No. 1210 of 2008 -:2:- (5) Accordingly, we close this Contempt Petition. We make it clear, that, the respondents shall not make any further construction in the property in question till the matter is finally decided by the competent authorities. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb/dk.