High Court Kerala High Court

T.K.Abdul Kareem vs Muhammed Najeeb on 23 September, 2010

Kerala High Court
T.K.Abdul Kareem vs Muhammed Najeeb on 23 September, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 887 of 2010(S)


1. T.K.ABDUL KAREEM,
                      ...  Petitioner

                        Vs



1. MUHAMMED NAJEEB,
                       ...       Respondent

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :23/09/2010

 O R D E R
                        K. SURENDRA MOHAN, J.
               ------------------------------------------------------------
                    Cont. Case No: 887 OF 2010
               -----------------------------------------------------------
              Dated this the 23rd September, 2010.

                                   JUDGMENT

The petitioner has filed this petition for initiating action in

contempt against the respondent for non-compliance with the

directions contained in the judgment dated 12/3/2010. As per the

said judgment, the respondent has been directed to settle the

timings of the petitioner and to issue the regular permit that is

already granted to him in respect of vehicle bearing registration No:

KL-13H-7189 as expeditiously as possible and at any rate within a

period of one month from the date of receipt of a copy of this

judgment.

2. The petitioner was originally conducting services with

another vehicle bearing registration No: KL 11P 2220. The said

vehicle has been subsequently replaced with his present vehicle.

The respondent has filed a counter affidavit pointing out that as per

an interim order dated 21/1/2010 in W.P(C) 1628/2010, this Court

has interdicted the said authority from holding any timing

conference in respect of stage carriage vehicle bearing registration

No: KL-11 P 2220, until further orders. Since the respondent has

been directed to await further orders from this Court before

Cont. Case No: 887/2010 2

holding a timing conference in respect of the petitioner’s earlier

vehicle, the respondent has been awaiting such orders.

3. Though the petitioner has mentioned in his writ petition as

well as in this petition about the pendency of the writ petition

referred to above, his specific averment was that there were no

interim orders in the said case. Since it is pointed out that the said

statement of the petitioner is factually incorrect, it is up to the

petitioner to seek for and obtain a clarification of the order in WP(C)

1628/2010 to get the same vacated. Since an interim order of this

Court is in force in another writ petition relating to the same

matter, there are no grounds to presume that the respondent is

guilty of contempt. If the directions of this Court are not complied

with even after vacating or modifying the interim order referred to

above, the petitioner can move afresh. With the above liberty this

contempt case is closed.





                                            K. SURENDRA MOHAN
                                                     Judge
jj

Cont. Case No: 887/2010    3