Disposed

Adv.M.C.Binukumar v. Smt.P.Jayasree

Kerala HC9 Sept 2013Con.Case(C)/1060/2013

Case brief

AI extract

What is this about?

Contempt of Court case stayed after the Government recalled nominations violating an interim court order. The respondent provided proof of withdrawal, satisfying the interim conditions and rendering further proceedings unnecessary. The case was closed without penalty.

What did the court decide?

Contempt case closed as the Government recalled the nominations, fulfilling the interim order conditions.

Adv.M.C.Binukumar Vs Smt.P.Jayasree — Cooperative Societies | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

¶4

MONDAY, THE 9TH DAY OF SEPTEMBER 2013/18TH BHADRA, 1935

¶5

Con.Case(C).No. 1060 of 2013 (S)

¶6

AGAINST THE NON COMPLIANCE OF THE INTERIM ORDER IN WP(C) 6469/2012 of HIGH COURT OF KERALA.

¶7

PETITIONER(S)/2ND PETITIONER:

¶8

ADV.M.C.BINUKUMAR,S/O.K.CHELLAPPAN, AGED 39 YEARS, MEMBER, BOARD OF DIRECTORS OF THE KERALA KERAKARSHAKA SAHAKARANA FEDERATION LIMITED NO.4370(KERAFED) KERA TOWER, WATER WORKS COMPOUND, VELLAYAMBALAM THIRUVANANTHAPURAM - 695 033.

¶9

BY ADV. SRI.P.C.SASIDHARAN

¶10

RESPONDENT(S)/1ST RESPONDENT:

¶11

SMT.P.JAYASREE JOINT SECRETARY TO GOVERNMENT AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER CO-OPERATION (A) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.

¶12

BY SPL. GOVERNMENT PLEADER SRI.D.SOMASUNDARAM

¶13

THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 09-09-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

tss

¶15

COC. NO.1060/2013

¶16

APPENDIX

¶17

PETITIONER'S ANNEXURES

¶18

A1:- COPY OF THE ORDER ISSUED BY THE GOVERNMENT DTD. 29.2./2012.

¶19

A2:- COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE COURT IN WPC.6469/2012 DTD. 15.3.2012.

¶20

A3:- COPY OF THE ORDER ISSUED BY THE GOVERNMENT DTD. 7.8.2013.

¶21

RESPONDENTS ANNEXURES

NIL

TRUE COPY

P.A. TO JUDGE

tss

P.N.RAVINDRAN , J.

¶27

Contempt Case (C) No.1060 of 2013 --------------------------

¶28

Dated this the 9^th day of September, 2013

¶29

J U D G M E N T

¶30

This contempt case is filed alleging that the respondent herein, who is the Joint Secretary to Government, Co-operation Department has willfully disobeyed Annexure-A2 interim order passed by this Court on 15.3.2012 in W.P.(C) No.6469 of 2012. By that order, this Court stayed the operation of Ext.P3 Government order (G.O.(Rt) No.500/2012/AD dated 29.2.20120, a copy of which is produced as Annexure-A1 in the instant contempt case and restrained respondents 3 and 4 in the writ petition namely Smt.Sicily Antony, Member, Pariyaram Service Co-operative Bank Ltd. No.593, and Smt.Savitha M.P., Member, Panoor Service Co-operative Bank Ltd. No.5010 from participating in any of the meeting of the Board of Directors of the Kerafed, pending disposal of the writ petition. The petitioner has averred that to overcome the said order, the Government in the Co-operation Department have issued Annexure-A3 order dated 7.8.2013 once again nominating the very same persons to the Board of Directors of the Kerafed.

¶31

When this contempt case, which was filed on 29.8.2013 with a copy to the learned Government Pleader, came up for admission hearing today, Sri.D.Somasundaram, learned Special Government Pleader submitted that the Government have by G.O.(Rt) No.576/2013/Co-op. dated 5.9.2013 recalled the nomination of Smt.Sicily Antony, Member, Pariyaram Service

¶32

Coc No.1060/2013 2

¶33

Co-operative Bank Ltd. No.593, and Smt.Savitha M.P., Member, Panoor Service Co-operative Bank Ltd. No.5010, from participating in any of the meetings of the Board of Directors of the Kerafed. A copy of the aforesaid Government order dated 5.9.2013 was made available to me for perusal and the same is incorporated in the records. It is evident from the Government order dated 5.9.2013 that the Government in the Co-operation Department have withdrawn the nomination of Smt.Sicily Antony, Member, Pariyaram Service Co-operative Bank Ltd. No.593, and Smt.Savitha M.P., Member, Panoor Service Co-operative Bank Ltd. No.5010 from participating in any of the meetings of the Board of Directors of the Kerafed and thus modified Annexure-A3. In such circumstances as the nomination of the two women representatives named above to the Board of Directors of the Kerafed has been withdrawn, I do not find any reason to proceed further with the contempt case. It is accordingly closed.

¶34

P.N.RAVINDRAN, (JUDGE)

¶35

vps

Adv.M.C.Binukumar v. Smt.P.Jayasree

Case brief

What is this about?

What did the court decide?

Adv.M.C.Binukumar v. Smt.P.Jayasree

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vidya International Charitable Trust Vs M/S. Team Front Line Ltd.

Thulasidas Vs the Manager, Federal Bank Limited

Thara Vs Roy K.B.

A.M.Joykutty Vs Fr Mathew Kapplikunnel

K.N. Sivan Vs Lakshmanan

Moideen Kutty P.K. Vs Harrisons Malayalam Ltd.