This is an application under section 3 of the Contempt of Courts Act (Central Act XXXII of 1952) against the four respondents. First respondent being the writer of the impugned publication; the second respondent the Managing Editor; the third respondent, the Chief Editor; and the fourth respondent, the Printer and Publisher of the Malayalam daily newspaper “Malayali".

In the issue of the paper dated 19th April, 1963 there appeared a publication under the heading ennai ethinnu arrestu cheyyunnu kunjakoyude thuranna kathu (original in malayalam) Exhibit P-1 is the copy of the said publication. Kunchacko referred to therein is admitted to be the first respondent.

The facts leading up to the publication are as follows: The first respondent was served with a notice by the District Collector as Tax Recovery Officer, Alleppey, calling upon him to appear and show cause why he should not be committed to civil prison in execution of the certificates for recovery of the arrears of income-tax. The first respondent then filed O.P. No. 819 of 1963 before the High Court praying for the issue of a writ of certiorari or other appropriate writ or direction to quash the notice marked