Kerala High Court
S.D.Sreekumar vs P.Kesavan Nair on 13 August, 2008
Author: Pius C.Kuriakose
Bench: Pius C.Kuriakose
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 1003 of 2008(S)
1. S.D.SREEKUMAR
... Petitioner
Vs
1. P.KESAVAN NAIR, AGED 53,
... Respondent
For Petitioner :SRI.S.V.RAJAN
For Respondent :SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :13/08/2008
O R D E R
PIUS C. KURIAKOSE,J.
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Cont.Case ( C ) No.1003 of 2008
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Dated: 13th August, 2008
JUDGMENT
The accusation of the petitioner who was the 2nd petitioner, against the respondent is that he is guilty of wilful disobedience for not complying with the directions in Annexure I judgment. A detailed affidavit has been filed by the respondent denying the accusations to which a reply affidavit has been filed by the petitioner. Annexure V dated 12.12.2006 is the order issued by the respondent in purported compliance of Annexure I judgment. Section 20 of the Contempt of Courts Act provides a period of limitation. Section 20 in strict sense may not apply to the present case in view of the Full Bench decision of this court in Mayilswami v. State of Kerala (1995 (2) KLT 178). Even then, having gone through Annexure V, I am of the view that it cannot be said that the respondent is guilty of wilful disobedience. It is always open to the petitioner to seek redressal of Annexure V by initiating appropriating fresh proceedings. The Contempt of Court Case will stand closed.
srd PIUS C.KURIAKOSE, JUDGE