J U D G M E N T

Alexander Thomas, J.

The above Contempt of Court case has been filed alleging non-

compliance of the directions issued by the Division Bench of this Court as per Annexure A judgment dated 18.05.2021 in WA No.77/2021 (arising out of the impugned judgment dated 08.06.2020 of the learned Single Judge in WP(C) No.32985/2015)

2. Heard Smt. Ann Susan George, learned Counsel appearing for the petitioner in the contempt case, Sri.C.K.Karunakaran, learned Standing Counsel for the Jawaharlal Nehru Tropical Botanical Garden & Research Institute (TBGRI) appearing for the 3rd respondent, Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala State Council for Science, Technology and Environment (KSCSTE) appearing for R2 and Sri.T.K.Vipindas, learned Senior Government Pleader appearing for R1, (Secretary to Government).

3. As per Annexure A judgment rendered on 18.05.2021 in Writ Appeal No. 77/2021, the Division Bench has only confirmed the correctness of the impugned judgment dated 08.06.2020 rendered by the learned Single Judge in WP(C) No.32985/2015. The Division Bench has also extended the time limit for compliance of the directions in the judgment in the WP(C) by a further period of three months from the date of receipt of the appellate judgment. We are also apprised that the Apex Court has passed order dated 07.12.2021 dismissing SLP (Civil) No.20277-20278 of 2021, arising out of Annexure A Writ Appeals, but granting extension of a further period of 8 weeks therefrom to the petitioners in the SLP to comply the directions issued by the High Court. Therefore it may not be right and proper for the petitioner to file a contempt petition before the Division Bench of this Court and in case the petitioner has got a case that Contempt is made out, it is for her to initiate appropriate contempt proceedings before the learned Single Judge in the WP(C), which arises out of the impugned judgment of the WP(C). We are told by Smt. Ann Susan George, learned Counsel appearing for the petitioner that after the rendering of the impugned judgment on 08.06.2020 by the learned Single Judge in WP(C) No.32985/2015, the petitioner had filed a contempt case as COC No.588/2021 (arising out of WP(C) No.32985/2015) before the Single Bench, alleging non- compliance of the directions in the judgment in the WP(C). That later, when the above Writ Appeal in question was filed to impugn the judgment of the learned Single Judge in WP(C), the Contempt of Court Case, Viz, COC No.588/2021 was closed by the learned Single Judge in view of the pendency of the writ appeals. Since the writ appeals have already been dismissed as per Annexure A Judgment, it is open to the petitioner, either to file an IA in COC No.588/2021 to reopen the said contempt proceedings or to file a fresh contempt petition in the matter before the Single Bench concerned. Sri.C.K.Karunakaran, learned Counsel appearing for R3 would submit that the directions issued by the learned Single Judge in the WP(C) have already been complied with by the 3rd respondent and a proceedings dated 09.02.2022 has been issued in compliance with the directions of the learned Single Judge in the WP(C), and consequently, a pay re- fixation statement was also furnished to the petitioner on 18.02.2022 and the due amounts have also been disbursed and that therefore there is no question of any contempt arising out of the judgment in the WP(C). Further that the petitioner has also separately filed a writ petition (Civil) as WP(C) No.17861/2022 today challenging the said proceedings dated 09.02.2022 and the consequential pay re-fixation statement dated 18.02.2022, in the said WP(C). To this, Smt. Ann Susan George, learned Counsel appearing for the petitioner would point out that her party would be able to clearly establish that issuance of those proceedings dated 09.02.2022 and 18.02.2022 are in patent violation and derogation of the directions issued by the judgment in the WP(C) and that therefore, contempt woul