IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD CCC NO.1437 OF 2018 AND CCC NOS.1578-1580 OF 2018 (CIVIL) BETWEEN:
1. SRI PUSHPARAJ AGED ABOUT 45 YEARS, SON OF R. P. KOTIAN, ‘DHANRAJ’, PITHRODI, UDYAVARA VILLAGE, UDUPI-574 118.
2. SRI RATHNAKAR MENDON AGED ABOUT 55 YEARS, SON OF U. SOMANATHA KOTYAN, PITHRODI, UDYAVARA VILLAGE, UDUPI-574 118.
3. SRI DIWAKAR BOLJE AGED ABOUT 42 YEARS, SON OF VITTALA POOJARY, RESIDING AT "ANCHAN NIVAS", BOLJE, UDYAVARA VILLAGE, UDUPI-574 118.
4. SRI UDAYA KUNDER AGED ABOUT 42 YEARS, SON OF DEJU SUVARNA, PITHRODI, UDYAVARA VILLAGE, UDUPI-574 118.
... COMPLAINANTS (BY SRI K. N. PRAVEEN KUMAR, ADVOCATE) AND:
1. MR. P. RAVIKUMAR, IAS MAJOR, FATHERS NAME NOT KNOWN THE PRINCIPAL/ADDITIONAL CHIEF SECRETARY TO GOVERNMENT FOREST, BIOLOGY AND ENVIRONMENT DEPARTMENT, (ALSO CHAIRMAN KARNATAKA STATE COASTAL ZONE MANAGEMENT AUTHORITY) M. S. BUILDING, BENGALURU-560 001.
2. SMT. PRIYANKA MARY FRANCIS MAJOR, FATHER’S/HUSBAND’S NAME NOT KNOWN THE DEPUTY COMMISSIONER, UDUPI DISTRICT, (ALSO, THE CHAIRMAN DISTRICT COASTAL ZONE MANAGEMENT COMMITTEE), UDUPI-574 118.
3. SRI VIJAYA KUMAR MAJOR, FATHER’S NAME NOT KNOWN TO THE COMPLAINANT, THE REGIONAL DIRECTOR (ENVIRONMENT), (ALSO, MEMBER DISTRICT COASTAL ZONE MANAGEMENT COMMITTEE) FOREST ENVIRONMENT AND ECOLOGY DEPARTMENT, FIRST FLOOR, ‘C’ BLOCK, RAJATHADRI MANIPALA, UDUPI-576 104.
4. MR. LAXMAN NIMBARGI MAJOR, FATHER’S NAME NOT KNOWN TO THE COMPLAINANT, THE SUPERINTENDENT OF POLICE, UDUPI DISTRICT, UDUPI-574 118.
... ACCUSED (BY SRI A. C. BALARAJ, ADDITIONAL GOVERNMENT ADVOCATE FOR A-1 TO A-4) THESE CCCs ARE FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED HEREIN AND PUNISH THEM IN ACCORDANCE WITH LAW FOR THEIR DELIBERATE INACTION/CONTEMPTUOUS ACT AND WILLFUL DISOBEDIENCE AGAINST THE COURT ORDER DATED 10.01.2018 MADE IN WRIT PETITION NOS.47781 TO 47784 OF 2017 (GM-POL) AND ETC.
***** THESE CCCs COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER These contempt petitions are filed on the ground that the order of the learned Single Judge dated 10.01.2018, passed in Writ Petition Nos.47781-47784 of 2017, has been disobeyed.
2. In terms of the aforesaid order, respondent Nos.1, 2 and 4 to 8 were directed to examine and take appropriate action in the matter, within six weeks from the date of the order.
3. A counter Affidavit has been filed by the Under Secretary to Government, Department of Forest, Ecology and Environment (Ecology & Environment), Bengaluru, enclosing Annexures–R3 and R4 and other documents to indicate compliance of the aforesaid order. That action has been initiated for the purpose of demolition of the Fish Processing Unit and various other actions have also been initiated.
4. In view of the proceedings being initiated, we do not find any ground to proceed further. The contempt proceedings are accordingly dropped.
Sd/- Sd/-
JUDGE JUDGE JJ