T.M.Sivan v. Jiji Thomson

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 10TH DAY OF AUGUST 2015/19TH SRAVANA, 1937 Con.Case(C).No. 945 of 2015 (S) IN WP(C).3652/2013 ---------------------------------------------------- AGAINST THE ORDER IN WP(C) 3652/2013 DATED 30-09-2014 ....................

PETITIONER/PETITIONER IN WPC :

---------------------------------------- T.M.SIVAN, AGED 64 YEARS S/O.MADHAVAN, THATTASSERY HOUSE, MUDICKAL P O PERUMBAVOOR BY ADVS.SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS/RESPONDENTS IN WPC :

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1. JIJI THOMSON (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER) CHIEF SECRETARY, SECRETARIAT, STATE OF KERALA THIRUVANANTHAPURAM PIN 695001

2. SMT TINKU BISWAL, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER) SECRETARY, DEPARTMENT OF WATER RESOURCES, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695001

3. P MARA PANDIYAN, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER) THE SECRETARY DEPARTMENT OF PORT AND MARITIME INSTITUTE DIRECTORATE OF PORTS, 5TH FLOOR NEW CORPORATION BUILDING, LMS JUNCTION, PALAYAM THIRUVANANTHAPURAM 695033

4. CAPT HARI ACHUTHA VARRIER(FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER),THE CHIEF EXAMINER, KERALA INLAND VESSEL RULES, PORT DIRECTORATE, GOVERNMENT OF KERALA THIRUVANANTHAPURAM 695001

5. P I SHAIK PARETH, I A S, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER) THE REGISTERING AUTHORITY KERALA INLAND VESSEL RULES, PORT DIRECTORATE GOVT OF KERALA, THIRUVANANTHAPURAM 605001

Con.Case(C).No. 945 of 2015 (S) IN WP(C).3652/2013 -------------------------------------------------------------

6. V V PRASAD (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), THE PORT CONSERVATOR, KODUNGALLUR/MUAMBAM MUNAKKAL BEACH, AZHIKODE JETTY, P O THRISSUR 680666

7. PAUL ANTONY I A S.,(FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), THE CHAIRMAN, COCHIN PORT TRUST, KOCHI 682009

8. CAPT.PAUL N JOSEPH, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), THE DEPUTY CONSERVATOR, COCHIN PORT TRUST KOCHI 682009 R1 TO R6 BY SPL.GOVERNMENT PLEADER, SMT. GIRIJA GOPAL. R7 TO R8 BY ADV. SRI.K.ANAND (SR.) SMT.LATHA KRISHNAN, SC, COCHIN PORT TRUST THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 10-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (Civil) No. 945 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of August, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned Special Government Pleader.

2. This contempt application has been filed against an interim order dated 30.09.2014 passed in W.P.(C) No.3652 of 2013. Learned counsel for the petitioner submits that the order passed by this Court on 30.09.2014 has been violated. He submits that contempt notice was issued by the petitioner, being Annexure A2 to the parties mentioned therein, but no action has been taken for implementing the directions of this Court. Hence contempt proceedings be initiated.

3. We have perused the allegations made in the contempt case, apart from the general allegation that, interim order darted 30.09.2014 has been violated, neither any instance nor any details of violation has been given in the contempt case. The Contempt proceedings cannot be initiated

Contempt Case (Civil) No. 945 of 2015 -:2:- on the basis of allegations as made in the application. Accordingly, the Contempt Case is closed.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/10/08