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 TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 Con.Case(C).No. 76 of 2015 (S) IN WP(C).8764/2009 --------------------------------------------------- AGAINST THE ORDER/JUDGMENT IN WP(C) 8764/2009 of HIGH COURT OF KERALA DATED 03-12-2009 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 KNOW TO THE PETITIONER SECRETARY, TRAVANCORE DEVASWOM BOARD OFFICE OF THE TRAVANCORE DEVASWOM BOARD, NANTHANCODE KOWDIAR POST, THIRUVANANTHAPURAM - 695 003.

BY SRI.D.SREEKUMAR, SC, TDB THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J ---------------------------------------------- Cont.Case (C).No. 76 of 2015 ---------------------------------------------- Dated this the 20th January, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ.

This is an application seeking for a direction for initiating proceedings for contempt for violation of judgment dated 3.12.2009 in W.P(C).No.8764 of 2009. The submission of learned counsel for the applicant is that as directed in paragraph 3 of the judgment, no permanent Santhis have been appointed in the temple for about three years.

2. There are two reasons due to which this contempt application cannot be entertained or proceeded with. Firstly, the direction was issued on 3.12.2009. This contempt case has been filed only on 19.1.2015. Section 21 of the Contempt of Court Act prohibits initiation of any proceedings after lapse of one year. The non compliance of direction issued in 2009 cannot be entertained in this

Cont.Case (C).No.76/15 application filed in 2015. Secondly, there are no such direction in paragraph 3 of the judgment as contended by learned counsel for the applicant.

The Contempt Case is closed.

ASHOK BHUSHAN ACTING CHIEF JUSTICE A.M.SHAFFIQUE JUDGE vgs20/1/15