IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 119 of 2009(S)
1. JOSEPH, S/O.THOMAS CHANDY, THEVARKKAD
... Petitioner
Vs
1. SHRI.K.P.OUSEPH, (AGE AND FATHER'S NAME
... Respondent
For Petitioner :SRI.K.MOHANAKANNAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :29/01/2009
O R D E R
K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
C.C.C. No. 119 OF 2009
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 29th day of January, 2009
JUDGMENT
BALAKRISHNAN NAIR, J
This court by Annexure A3 judgment directed the 5th
respondent to pass final orders in the matter within three months
from the date of receipt of a copy of the judgment. The petitioner
has not pleaded whether he has served a copy of the judgment on
the respondent and if so when ? But, learned counsel would submit
that the judgment was rendered in the presence of the learned
Government Pleader representing the respondent and further that
field inspection had already started.
2. Commencement of field inspection would show that the
respondent has started acting pursuant to the direction of this Court.
But, in the absence of any pleading regarding the receipt of the
judgment by the respondent, the Contempt Case is not maintainable.
3. Further the learned Government Pleader on instructions
submitted that the copy of the judgment was received by the
respondent only on 06.11.08. Therefore, the time limit fixed by this
CCC No. 119/09
-:2:-
Court will expire only on 05.02.09.
In view of this submission, we think that the Contempt Case is
not maintainable. Accordingly, it is closed without prejudice to the
contention of the petitioner and his right to approach this Court, if any
cause of action arises in future.
K. BALAKRISHNAN NAIR, JUDGE
K.SURENDRA MOHAN, JUDGE
ttb