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 THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 Con.Case(C).No. 353 of 2009(S) ---------------------------------------- AGAINST THE JUDGEMENT IN WPC.34124/2007 Dated 20/11/2007 .................... PETITIONER/PETITIONER: ------------------------------------- TIRUR TALUK N.S.S KARAYOGA UNION NO.3855, TIRUR, REPRESENTED BY ITS PRESIDENT, A.NARAYANAN NAIR, AGED 58 YEARS, S/O.RAVUNNI KURUP, NSS KARAYOGAM, TIRUR. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT/2ND RESPONDENT: ------------------------------------------------- I.V.RAJAGOPALAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, EXECUTIVE ENGINEER, P.W.D., MANJERI. BY SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ Cont. Case (C) No.353 of 2009 ------------------------------------------ Dated this the 5th day of November, 2009 JUDGMENT A.K. Basheer, J. This contempt case is filed alleging wilful disobedience on the part of the respondent to comply with the directions issued by this Court on November 20, 2007 in W.P.(C) No.34124 of 2007 and also in Contempt Case (C) No.371 of 2008. 2. When this case came up for consideration, we had directed the respondent, Executive Engineer, P.W.D., Manjeri to make available the relevant files. Having perused the files, the sketch, photographs, etc. apart from the counter affidavit by the respondent, we were convinced that the work on the road can be completed only if a small extent of land belonging to the Police Department is surrendered, as requested by the Public Works Department, Panchayat, etc. 3. Therefore, we requested the learned Government Pleader to find out whether the Police Department can surrender a small bit of land lying at the starting point of the bye pass road, especially since the widening of the road would be in the larger interest of the general public Cont. Case (C) No.353 of 2009 2 - in that area. 4. Today when the case is taken up for further consideration, learned Government Pleader submits that on a request received from the Superintendent of Police, Malappuram, the Home Department has given consent to the Police Department to surrender the necessary land for the purpose of widening the road. Learned Government Pleader further submits that the matter is being processed and appropriate orders will be issued in this regard without any further delay. 5. It will be open to the respondent to pursue the matter further and complete the widening and other works on the road without any further delay. Recording the above submissions made by the learned Government Pleader, this contempt case is closed. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns