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 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Con.Case(C).No. 907 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.18447/2009 Dated 10/07/2009 .................... PETITIONER/PETITIONER IN WPC: ------------------------------------- C.K.SCARIA, AGED 51 YEARS, S/O.KORA VARGHESE, CHIRAYIL HOUSE, CHATHANTHARA P.O., KOLLAMMULA VILLAGE, RANNY. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/RESPONDENTS IN WPC: ---------------------------------------------- 1. S.THAMPI(AGE AND FATHER'S NAME NOT KNOWN), S.I. OF POLICE, VECHUCHIRA POLICE STATION. ADDL. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. (IMPLEADED SUO MOTU AS ADDL.R2 VIDE ORDER DATED 17.02.09) BY SENIOR GOVT. PLEADER, SRI.BENJAMIN PAUL. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2009, ALONG WITH COC NO. 908 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case(Civil) Nos. 907 and 908 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2009 JUDGMENT Basheer, J. These Contempt Cases have been referred to the Division Bench by a learned Single Judge after taking a prima facie view that the circumstances unambiguously indicate that the respondents have to be proceeded against under the Contempt of Courts Act for violating the direction issued by this Court in its judgment dated July 10, 2009. 2. We do not propose to refer to the sequence of events which led to this Contempt action. The learned Single Judge in the detailed order has adverted to all those aspects and found that the respondents have wilfully disobeyed the direction contained in the judgment. 3. When these two cases were taken up for consideration, we had directed the respondents to appear in person. On their appearance, we have heard them. They have filed individual affidavits expressing unconditional COC Nos. 907 and 908 OF 2009 -:2:- apology for the lapses on their part. 4. We have heard learned counsel for the petitioner and the learned Additional Advocate General also. 5. Having regard to the entire facts and circumstances we are satisfied that the unconditional apology tendered by the respondents can be accepted and further action can be dropped. However, we make it clear that we have taken this view only in the peculiar facts and circumstances of these cases. It must be ensured by the office of the Advocate General and the officers of the State that any such infraction is not repeated in future. The Contempt Cases are closed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb COC Nos. 907 and 908 OF 2009 -:3:-