IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 7TH SEPTEMBER 2007 / 16TH BHADRA 1929 Con.Case(C).No. 763 of 2007(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.5877/2007 Dated 21/02/2007 .................... PETITIONER/PETITIONER IN WPC: ------------------------------------- NUJUMUDEEN ALUMMOOTTIL, AGED 40 YEARS, S/O.MR.USMANKUTTY,(PATRON,ACTION COUNCIL FOR THE ESTABLISHMENT OF CENTRAL PRIVATE BUS STAND, KAYAMKULAM) RERSIDING AT ALUMMOOTTIL HOUSE,P.O.KAYAMKULAM, CHERAVALLY, ALAPPUZHA DISTRICT-690 502. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENTS: ----------------- 1. K.A.KALAM, AGED 62 YEARS, S/O.KOCHASSAN KUNJU, CHAIRMAN, KAYAMKULAM MUNICIPALITY (RESIDING AT CHIRAYIL HOUSE, P.O.ERUVA KAYAMKULAM). 2. A.HASSAN KOYA, AGED 60 YEARS, S/O.AHMED KUTTY, DEPUTY CHAIRMAN, KAYAMKULAM MUNICIPALITY (RESIDING AT PERETH HAZEENA COTTAGE, CHERAVALLY,P.O., KAYAMKULAM. 3. R.SUDHEER RAJ, AGED 50 YEARS, FATHERS'S NAME NOT KNOWN TO THE PETITIONER, (SECRETARY, KAYAMKULAM MUNICIPALITY), MUNICIPAL OFFICE, KAYAMKULAM. BY ADV. SRI.R.RAYA SHENOY SRI.R.PRASANTH KUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------- C.C.C No. 763 OF 2007 ----------------------------------- Dated this the 7th day of September, 2007 JUDGMENT Mr.Ibrahim Khan, counsel for the petitioner submits that the Contempt Case can be closed. Mr. Raya Shenoy, Standing Counsel for the Municipality submits that it was by suppressing material facts that the petitioner approached this Court. According to Mr.Raya Shenoy, Ext.P5, in respect of which relief was sought for, had not actually been filed by the petitioner even at the time when he filed the Writ Petition. In that way the very judgment in respect of which this Contempt application is filed was unwarranted. The above submissions are refuted by Mr.Ibrahim Khan. May be there is some merit in what Mr.Shenoy submits. But I do not propose to decide that issue since the Contempt Case is not pressed by the petitioner. The Contempt Case is closed. PIUS C. KURIAKOSE, JUDGE btt WPC 2