Disposed

K.G.Ajayakumar v. M.R.Amalamma

Kerala HC4 Nov 2009Con.Case(C)/1259/2009

Case brief

AI extract

What is this about?

In a contempt petition, the court examined if the respondent wilfully disobeyed a direction to conduct an election. Finding no conclusive evidence of wilfulness due to pending enquiry, the court directed the respondent to pass a resolution for election immediately.

What did the court decide?

The respondent is directed to take necessary resolution and do the needful immediately on the production of a copy of this judgment.

K.G.Ajayakumar Vs M.R.Amalamma — Writ and Judicial Review | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931

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Con.Case(C).No. 1259 of 2009(S)

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------------------------------AGAINST THE JUDGEMENT/ORDER IN WPC.17370/2009 Dated 13/07/2009

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PETITIONER(S)/PETITIONER:

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------------------------------------------

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K.G.AJAYAKUMAR, AGED 35 YEARS, S/O.GOPALAKRISHNAPILLAI, KANJIRAVILAYIL HOUSE, EDAKKADU P.O., KODAMBANAD, KOLLAM.

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BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR

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RESPONDENT(S)/3RD RESPONDENT:

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-----------------------------------------------------

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M.R.AMALAMMA, AGED 53 YEARS, W/O.FRANCIS P., RESIDING AT PAUL VILA, KODUVILA P.O., EAST KALLADA, KOLLAM.

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GOVERNMENT PLEADER SMT.ANU SIVARAMAN

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANTONY DOMINIC, J. ================ Contempt of Court Case(Civil) NO. 1259 OF 2009 (S) ===================================

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Dated this the 4^th day of November, 2009

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J U D G M E N T

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The complaint in this petition is that despite the direction in Annexure 1 judgment in WP(C) No.17370 of 2009, requiring the respondent to conduct election to the Managing Committee of the Society, no steps are taken for the same.

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However, an affidavit has been filed by the respondent. According to the respondent, it was because of the pendency of an enquiry on the additional 5^th respondent that the delay has occurred. Despite all this, it is stated that the Secretary has been ordered to prepare the voters list before 31^st of October, 2009 for the purpose of conducting election.

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Therefore, as at present, on the pleadings, I am not in a position to conclude that there is any wilful disobedience committed. Be that as it may, respondent is bound to comply with the order and as a first step, he has to pass necessary resolution for the election and the rest of the proceedings can be completed simultaneously.

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COC No. 1259/09

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:2 :

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Therefore respondent is directed to take necessary resolution and do the needful immediately on the production of a copy of this judgment.

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Contempt petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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K.G.Ajayakumar v. M.R.Amalamma

Case brief

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K.G.Ajayakumar v. M.R.Amalamma

Case brief

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