Sreenivas P. v. P.R.Balachandran Nair

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 Con.Case(C).No. 69 of 2015 (S) IN WP(C).2012/2007 --------------------------------------------------- WP(C) 2012/2007 of HIGH COURT OF KERALA DATED 09-06-2008 -------------- PETITIONER(S)/PETITIONER :- ---------------------------- SREENIVAS P. AGED 38 YEARS S/O. PARAMESWARAN NAIR, ANJANATHIL, KARAZHMA MAVELIKARA, ALAPPUZHA DISTRICT.

BY ADVS.SRI.M.R.ARUNKUMAR SRI.P.SHAMMI NAVAS RESPONDENT(S)/1ST RESPONDENT :- ---------------------------------- P.R.BALACHANDRAN NAIR AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER SECRETARY, TRAVANCORE DEVASWOM BOARD OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE KOWDIAR POST, THIRUVANANTHAPURAM - 695 003.

BY ADV. SRI.D.SREEKUMAR, SC, TDB THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

COC.No.69 OF 2015 APPENDIX Petitioner's Exhibits :- Annexure A1 :- Certified copy of the judgment of this Honourable Court in W.P.(C) No.2012 of 2007 dated 9.6.2008. Annexure A2 :- Copy of the judgment of this Honourable Court in Cont.Case (C) No.1839 of 2008 dated 27.1.2009. Annexure A3 :- Copy of the representation filed by the petitioner before the member of the Travancore Devaswom Board dated 5.2.2014. Annexure A4 :- Copy of the representation submitted by the petitioner before the Ombudsman for Devaswom dated 24.2.2014. Annexure A5 :- Copy of the letter sent by the Commissioner of the Travancore Devaswom Board to the Ombudsman for Travancore and Kochi Devaswom Board dated 25.3.2014.

Annexure A6 :- Copy of the order passed by the Ombudsman for Travancore and Cochin Devaswom Board dated 1.12.2014. Respondent's Exhibits :- NIL.

//True Copy// P.A. to Judge

ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.

---------------------------------- COC. No.69 of 2015 ------------------------------------- Dated this the 9th day of February 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondent. 2.

This contempt application has been filed seeking initiation of proceedings for non-compliance of the directions issued by this Court on 9.6.2008 in W.P.(C) No.2012 of 2007. The petitioner had earlier filed a contempt case as COC No.1839 of 2008, which was closed by judgment dated 27.1.2009, which is to the following effect :- "The direction of this Court has been obeyed. Accordingly, the contempt application is closed. But, this will not affect the rights of the petitioner, if any, to challenge the order passed by the Devaswom Board concerning the upgradation of the temple."

3.

This contempt application has again been filed by the petitioner on 14.1.2015. There are two reasons due to which this contempt application cannot be proceeded with. Firstly, this Court has already recorded that the direction of this Court has

COC. No.69 of 2015 -: 2 :- been obeyed. In view of the above observation, there is no occasion for initiating contempt proceedings. More so, since the judgment in the writ petition was passed on 9.6.2008 and this contempt application is filed after more than 5 years, this contempt application cannot be entertained in view of Sec.20 of the Contempt of Court Act.

Hence, this contempt case is dismissed.

Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt