IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con Case(C) No. 842 of 2004(S)
1. INSTITUTE OF SOCIAL WELFARE,
... Petitioner
Vs
1. C.F. BASHEER, AGED 54 YEARS,
... Respondent
2. GYANESH KUMAR, AGED 40 YEARS,
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :13/03/2008
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
...................................................................................
CONTEMPT CASE (C) No. 842 OF 2004
...................................................................................
Dated this the 13th March, 2008
J U D G M E N T
H.L. Dattu, C.J.:
Pursuant to the directions issued by us, the Secretary of Cochin
Corporation is present before us.
2. The complainant in the Contempt Case would allege that the
respondents have deliberately and wilfully disobeyed their own undertaking
given before this court. Therefore he requests us to initiate appropriate
contempt proceedings against the Secretary of Cochin Corporation and
punish the Secretary for the alleged wilfull and deliberate disobedience of the
undertaking given by her before this Court.
3. Number of affidavits were filed by the respondents. Since we
were not satisfied with the affidavits, we have directed the Secretary of
Cochin Corporation to be present before this Court for the purpose of framing
charges.
4. Today, learned Counsel Shri Ramesh Babu, appearing for the
Secretary of the Corporation, on instruction, would submit that the Secretary
of Corporation will comply with the undertaking given by her in O.P. No.
28312 of 2000 dated 15.10.2003, within a period one year from today. An
affidavit in this regard is filed and the same is taken on record.
5. Taking note of the request made in the affidavit of undertaking
filed by the Secretary of the Corporation of Cochin before us today, we are of
CONTEMPT CASE (C) No. 842 OF 2004
2
the opinion that some more time requires to be granted to the Secretary of
the Corporation to comply with the undertaking given by her before this Court
in O.P.No. 28312 of 2000. Accordingly, we pass the following:
O R D E R
i) For the present, we close the proceedings in this Contempt
Case.
ii) The affidavit of undertaking filed by the Secretary of
Corporation of Cochin today is placed on record.
iii) The Secretary of Corporation of Cochin is granted one more
year from today to comply with the undertaking given by her in O.P.No. 28312
of 2000.
iv) The Secretary of Corporation of Cochin shall not ask for any
further extension of time.
v) Liberty is also reserved to the complainant to approach this
Court , if need arises in future.
Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
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