S. Manikumar, CJ
1. Instant contempt petition is filed by the third respondent in the writ appeal alleging non compliance of the mandatory directions contained in
Annexure A1 judgment to open the northern shutters of Andhakaranazhi Bridge cum Regulator (ABR) from 15th November till 30th April. By the
Annexure A1 judgment, dated 23.10.2018 in W.A.No.756 of 2015, a Hon'ble Division Bench issued the following directions:
“In the result, this appeal is partly allowed and the appellants shall ensure that all the shutters on the northern side shall be kept open during the
period from 15th November to 30th April of the succeeding year. It is also made clear that this judgment will not stand in the way of the appellants'
closing the shutters to avoid dangers due to unexpected natural calamities like swell waves, tsunami etc.â€
2. On 8.12.2020, we passed the following order:
“2. When the contempt petition came up for hearing, Mr.Tek Chand, learned Senior Government Pleader has brought to the notice of this court an
e-mail communication dated 4.12.2020 issued by the District Collector, Alappuzha addressed to the Executive Engineer, K D Division,
Thanneermukkam. From the said communication, it is evident that the District Collector has directed the statutory authority to regulate the
opening/closing of the shutters of Andhakaranazhi Bridge cum Regulator (ABR), taking into account the low tide and high tide that is prevailing in that
area, keeping in mind the directions issued by the High Court in the judgment in question. It is also stated therein that the said directions are issued on
the basis of the decision taken in the meeting held in that regard and the next meeting of the Advisory Committee constituted for this purpose is
scheduled on 10.12.2020.
3. Mr.Tek Chand, learned Senior Government Pleader seeks time to file a detailed counter affidavit.
Post after a week.â€
3. Today, when this contempt petition is taken up for further hearing, learned Senior Government Pleader submitted that a detailed counter affidavit
has been filed on behalf of the second respondent/Assistant Executive Engineer, Minor Irrigation Sub Division, Cherthala, relevant portion of which
reads as under:
“3. It is respectfully submitted that pursuant to Annexure A1 judgment, all the shutters of the northern regulator of Andhakaranazhi Bridge cum
Regulator (ABR) were opened from November 15th to April 30th. This year the shutters could not be opened at the stipulated time due to the 'Burevi
Cyclone' as well as due to the flood that happened on account of 'Vrischikam Veliyettam'. On account of the aforestated contingency, the District
Collector has given specific instructions to regulate the shutters based on tidal actions.
4. Thereupon, the Advisory Committee for regulation Andhakaranazhi Bridge cum Regulator mel on 10.12.2020 to evaluate the situation. In the
meeting of the relevant inputs of the representatives of Agricultural, Panchayat, Irrigation and Revenue Departments, various representatives of Local
Bodies, Member of Parliament, MLAs and representatives of various Unions participated in the meeting. Evaluating the situation, it was decided to
raise the shutters.
5. It is submitted that there is no willful or deliberate inaction on the part of the respondents in not complying the judgment. It would be apposite to
mention here that Annexure A1 Judgment provides with the respondents to take measures to close shutters in case of unexpected natural calamities.
The climate condition were taken into account for not opening the shutters. This respondent tenders unconditional apology for the inconvenience
caused to this Honourable Court.
It is therefore humbly prayed that this Honourable Court may be pleased to accept this affidavit and drop Contempt of Court proceedings initiated
against this respondent in the interest of justice.â€
4. Though Mr.M.P.Ramnath, learned counsel for the contempt petitioner submitted that the counter affidavit filed does not reflect compliance of the
directions in letter and spirit, we are not in agreement with the same.
Accepting the reasons stated, Contempt of Court Case is closed.
