High Court Kerala High Court

P.C. Joseph vs Brig. T.K. Sinha on 6 October, 2008

Kerala High Court
P.C. Joseph vs Brig. T.K. Sinha on 6 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 1234 of 2008(S)


1. P.C. JOSEPH, STORE KEEPER(GRADE II)
                      ...  Petitioner

                        Vs



1. BRIG. T.K. SINHA, AGED ABOUT 56 YEARS
                       ...       Respondent

                For Petitioner  :SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR)

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :06/10/2008

 O R D E R
            H.L.DATTU, C.J. & THOMAS P.JOSEPH, J.
                ------------------------------------------------------
                    Con.Case ( C ) No.1234 of 2008-S
                   ----------------------------------------------
                 Dated, this the 6th day of October, 2008

                                  JUDGMENT

H.L.Dattu, C.J.

Inter alia alleging that the respondent herein has

disobeyed the orders and directions issued by this Court in

O.P.No.5184/2002 dated 23rd January, 2008, the first respondent in the

original petition has presented this contempt petition.

2. The petitioners in O.P.No.5184/2002, being aggrieved

by the orders passed by this Court have carried the matter before the

Apex Court by filing a Special Leave Petition (SLP(C) CC

No.13186/2008. The Apex Court, while issuing notice to the respondent

in the Special Leave Petition, has stayed all further proceedings in this

contempt petition.

3. In view of the orders passed by the Apex Court in

SLP (C) No.13186/2008 dated 29.09.2008, in our opinion, for the

present, we need not have to take cognizance of this contempt case filed

by the petitioner. Accordingly, the contempt proceedings are dropped

for the present. However, liberty is reserved to the complainant, if he so

COC No.1234/2008 -2-

desires, to approach this Court, if need arises in future.

4. In view of the order passed in the contempt petition, no

orders need be passed in I.A.No.523/2008 and therefore it is closed.

Ordered accordingly.

(H.L.DATTU)
CHIEF JUSTICE

(THOMAS P.JOSEPH)
JUDGE

MS