Anaz vs Raghava Pisharody

J. Chelameswar, C.J.—The instant Contempt Case is filed complaining that the judgment of this Court dated 7th July, 2010 in W.A. No. 5563 of 2006 is deliberately and willfully disobeyed. By order dated 27th June, 2011 we directed at paragraphs 5 and 6 as follows:

In the circumstances we deem it appropriate to direct the Secretary, Local Self Government Department, Government of Kerala (who was the 1st Respondent in W.P.(C). No. 5563 of 2006) to have a field enquiry conducted into these various allegations mentioned above through an officer not below the rank of RDO and submit a report to this Court within a period of ''four weeks''.

We also direct that in the event it is found that the previous Secretary of the Aroor Panchayat did not bring all the necessary and relevant facts to the notice of the Court pursuant to the earlier litigation or it is found that the assertions made by the present Secretary are incorrect, appropriate action may be taken against either of them.

2.Today, when the matter is taken up, it is represented by the learned Counsel for the Petitioner Sri. V. Chithambaresh that during the pendency of the instant contempt case, the judgment of this Court dated 7th July, 2010 has been complied with.

An appeal, pursuant to the above extracted direction in the Writ Petition, came to be filed by the Petitioner herein before the Tribunal for Local Self Government. The appeal has since been allowed and remitted back to the Secretary, Aroor Grama Panchayat.

In the circumstances, we do not see any reason to proceed further in the Contempt of Court Case. We also place on record that pursuant to the order dated 27th June, 2011 extracted above, it appears that the Government has already identified the incumbent of the office of the Secretary, Aroor Grama Panchayat and initiated disciplinary proceedings against him.

The Contempt of Court Case is, therefore closed.