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P.JAYAPRAKASH, POSTAL ASSISTANT(BCR) v. MERVIN ALEXANDER - Con Case(C) No. 574 of 2007(S)  RD-KL 9047 (30 May 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMCon Case(C) No. 574 of 2007(S)
1. P.JAYAPRAKASH, POSTAL ASSISTANT(BCR),
1. MERVIN ALEXANDER,
For Petitioner :SRI.A.RAJASIMHAN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU The Hon'ble MR. Justice K.T.SANKARAN
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.C.O.C.No.574 of 2007
Dated this the 30th day of May, 2007
H.L. DATTU, C.J. Alleging that the respondents have wilfully and deliberately disobeyed the directions and orders passed by this court in W.P.(C)No.20792/06 dated 6th November, 2006, the petitioner is before us in this petition filed under Sections 11 and 12 of the Contempt of Courts Act read with Article 215 of the Constitution of India inter alia requesting us to initiate appropriate contempt proceedings against the respondents.
2. The respondents are served with copies of the contempt petition and they have entered appearance through learned counsel.
3. The respondents have filed a counter affidavit before this court. In that, they have stated on oath that they have complied with the orders and directions issued by this court, by disposing of the application filed by the petitioner for permission to retire from service voluntarily.
4. Having gone through the pleadings in the contempt petition, the orders passed by this court and the counter affidavit filed by the respondents, we are of the opinion that the respondents have substantially complied with the orders and directions issued by this court. In our view, there is neither wilful nor deliberate disobedience of the orders and directions issued by this court. Accordingly, the cognizance of this contempt petition need not be taken. Accordingly, it is dropped. However, liberty is reserved to the petitioner, if he so desires, to question the orders that has been passed by the respondents on the application filed by the petitioner. Ordered accordingly. Sd/- H.L. DATTU, CHIEF JUSTICE. Sd/- K.T. SANKARAN,
JUDGE.Sk/ //true copy// P.S. To Judge
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