IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Con.Case(C).No. 796 of 2004(S) -------------------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.18497/1999 Dated 17/09/1999 .................... PETITIONER/PETITIONER IN O.P. --------------------- K.T.KURIAKOSE, S/O.LATE THOMAS, aged 65 KARUTHEDATH HOUSE, THIRUVANIYOOR, ERNAKULAM. BY ADV. SRI.P.JACOB VARGHESE RESPONDENTS: RESPONDENTS IN O.P. ------------------------ 1. MR.N.CHANDRASEKHARAN NAIR, AGED AND SON OF NOT KNOWN TO THE PETITIONER, CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SRI.K.RAJAGOPAL, AGE AND SON OF NOT KNOWN TO THE PETITIONER, SUPERINTENDENT ENGINEER, KALLADA IRRIGATION PROJECT R.B.CIRCLE, KOTTARAKKARA. 3. MR.S.SURESH KUMAR, ASSISTANT EXECUTIVE ENGINEER, (FULL ADDITIONALCHARGE OF EXECUTIVE ENGINEER), KIP DIVISION, KOLLAM, (REPSONDENT NO.3 ABOLISHED AND CHARGE IS GIVEN TO THE PRESENT ADDRESSEE). 4. MR.M.P.SAMEUL, AGE AND SON OF NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, K.I.P.R.B.DIVISION, NO.II, KOTTARAKKARA. BY GOVERNMENT PLEADER THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy, J. ---------------------------- Cont. Case (C) No. 796 of 2004 ---------------------------- Dated this the 22nd day of February, 2008 Judgment In the judgment of this court dated 17.9.1999, there was a direction to pay the admitted bills of the petitioner. Since the amount was not paid, contempt petition was filed. After filing the contempt petition, amounts were paid in part. Even after the matter was sent for adalath, entire amounts were not paid. It is submitted that last payment was made on 27.1.2006. Considering the facts and circumstances of the case and considering the pendency of the matter before this Court and before the adalath, I am of the view that petitioner should be allowed to raise the claim before the civil court in respect of civil disputes. If there are any further disputes, it should be resolved through the Civil Court. If suit is filed on or before 27.1.2009, it should be disposed of on merit and as both parties have agreed, the question of time bar will not be a hurdle in contesting that matter. With that observation, this contempt case is closed. J.B.Koshy Judge vaa J.B. KOSHY, J. -------------------------- Cont.Case (C) No.796/2004 -------------------------- Judgment Dated:22nd February, 2008