IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con Case(C) No. 891 of 2007(S)
1. BABU JOHN, S/O. JOHN,
... Petitioner
Vs
1. S. SREEJITH, I.P.S.,
... Respondent
2. P.B. VIJAYAN,
3. SAJU JOSEPH,
4. SHAJAHAN,
For Petitioner :SRI.C.S.MANU
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/07/2007
O R D E R
H.L.DATTU, C.J. & K.T.SANKARAN, J.
------------------------------------------
Cont. Case (C) No.891 of 2007
------------------------------------------
Dated, this the 18th day of July, 2007
JUDGMENT
H.L.Dattu, C.J.
Alleging that the respondents have disobeyed the orders and directions
issued by this Court in W.P.(C) No.7902 of 2006 dated 31st March, 2006, the
complainant is before us in this contempt petition.
2. The respondents are served with the notice issued by this Court.
The third respondent has filed a detailed counter affidavit.
3. This Court while disposing of the writ petition has issued the
following directions:
“In view of the above, it is necessary that petitioner will
have to abide by the conditions imposed by the R.D.O. while
levelling the land. So long as he is adhering to the conditions
stipulated by the R.D.O. there cannot be any obstruction from
the party respondents. In case there is any obstruction, petitioner
shall inform the police authorities whereupon police shall inspect
the property and give necessary protection to level the land
strictly subject to the conditions imposed by the R.D.O. ”
4. The third respondent in his counter affidavit has stated as under:
“3. It is respectfully submitted in compliance with the
above direction, sufficient police protection has been granted to
the Petitioner at all times as requested to by the Petitioner.
Though there have been strong protests in the locality against the
operations conducted by the Petitioner, the Petitioner was able to
carry on his work unhindered, solely on account of the protection
granted to him by the police. In spite of the severe protests on
11.5.2007, 21.05.2007 and other dates, with the help of sufficient
police force the Petitioner had carried on with his work. When the
protestors went out of hand on 01.06.2007 objecting to the
operations conducted by the Petitioner in his land, Crime
148/2007 of the Karukachal Police Station has been registered
against the offenders under Sections 143, 147, 148, 149, 447,
506, 294(b) and 188 IPC. Therefore it is respectfully submitted
that there is absolutely no merit in the contention of the Petitioner
that he had not been afforded police protection in compliance with
the direction of this Hon’ble Court and that contempt of this
Cont.Case (C)No.891/2007
2
Hon’ble Court has been committed. All the allegations of the
Petitioner in that regard are baseless, false and hence denied.
4. When the protest against the work carried on by the
Petitioner became widespread and persistent escalating to a
situation of breach of peace in the area, the 4th respondent herein
viz; the S.I. of Police, Karukachal submitted a report dated
22.05.2007 before the R.D.O. Kottayam under Sections 133 (1)
(e) and 144 Cr.P.C. That apart a mass petition dated
23.05.2007 was also submitted by the local residents before the
R.D.O. Kottayam complaining about the operations conducted
by the Petitioner in his property. In such circumstances, the
R.D.O. Kottayam issued Order No.K.1265/05 dated 04.06.2007
prohibiting the Petitioner from removing earth from his property.
A true copy of the said Order is produced herewith and the same
may be marked as Annexure R1. True English translation of
Annexure R1 Order is also produced herewith and the same may
be marked as Annexure R2.”
5. After careful consideration of the plea made by the complainant and
the counter affidavit filed by the third respondent, we are of the opinion that
there is neither deliberate nor wilful disobedience of the orders passed by this
Court by the respondents. In that view of the matter, we decline to take
cognizance of this contempt petition. Accordingly the proceedings are dropped.
Ordered accordingly.
(H.L.DATTU)
CHIEF JUSTICE
(K.T.SANKARAN)
JUDGE
vns