IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Con.Case(C).No. 971 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.2142/2007 Dated 18/01/2007 .................... PETITIONER/PETITIONER: --------------------------- K.J.SEBASTIAN, AGED 64, S/O.JACOB, LISSY COTTAGE, ALUVASSERY, NEMMARA P.O., PALAKKAD DISTRICT-678 508. BY ADV. SRI.RAJIT RESPONDENTS/RESPONDENTS 1 & 2 IN WPC: -------------------------------------------------- 1. VIJAYASAGAR, AGE NOT KNOWN TO THE PETITIONER, FATHER'S NAME NOT KNOWN TO THE PETITIONER PRESENTLY WORKING AS SUPERINTENDENT OF POLICE, PALAKKAD, PALAKKAD DISTRICT. 2. SUNIL KUMAR, AGE NOT KNOWN TO THE PETITIONER, FATHER'S NAME NOT KNOWN TO THE PETITIONER PRESENTLY WORKING AS CIRCLE INSPECTOR OF POLICE, NEMMARA, PALAKKAD DISTRICT. BY SR. GOVT. PLEADER, SRI.BENJAMIN PAUL. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 971 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September, 2009 JUDGMENT S.R.Bannurmath, C.J. This Contempt petition is filed alleging willful disobedience of the order dated 18.01.07. 2. This Court found that though the writ petition was filed seeking police protection on the ground that the life of the petitioner is threatened by the illegal encroachments and attachments by the 4th respondent, noting the fact that the dispute is of a civil nature between the parties as to the title and possession of the disputed area, this Court observed that police has to maintain the law and order situation arising out of such dispute between the petitioner and the 4th respondent. It is to be noted that the judgment is as long back as on 18.01.07 and thereafter the present contempt petition is filed on the ground that the police have actually avoided to take any action as directed by this Court. COC No.971 of 2009 -:2:- 3. On issuance of notice, the Circle Inspector, Nemmara Police Station has filed a detailed statement stating as to the action taken by the police by registering cases on the basis of the complaints filed by either side including criminal cases. In this view of the matter, we do not find any willful disobedience on the part of the respondents so as to punish them under the Contempt of Court Act. Hence we find no ground to entertain the petition and it is rejected. It is made clear that if any complaints are received or pending before the concerned police station, they have to take appropriate action. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb COC No.971 of 2009 -:3:-