A single judge of the Kerala High Court closed a contempt petition filed for non-compliance with an order in W.P.(C) No. 221/2014, as the matter had already been taken up in appeal by a third party before a Division Bench.
Contempt case closed without prejudice; petitioner advised to move contempt before Division Bench in appeal if so advised.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 12TH DAY OF AUGUST 2014/21ST SRAVANA, 1936
CON.CASE(C).NO. 761 OF 2014 (S)
W.P.(C)NO. 221/2014 OF THIS HONOURABLE COURT, DATED 09-01-2014
PETITIONER / PETITIONER :
GEO FOX, MEMBER NO. 8246, S/O.KURIAN, AGED 38 YEARS, CHITTATTUKARA SERVICE CO-OPERATIVE BANK, CHITTATUKARA, BRAHMAKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS / 2ND RESPONDENT AND 3RD RESPONDENT :
1. SRI.C.V.SASIDHARAN,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), THRISSUR.
2. SRI.SHIBU K.JACOB, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, ASSISTANT REGISTRAR(GENERAL), THALAPALLY, THE PART TIME ADMINISTRATOR OF THE CHITTATTUKARA SERVICE CO-OPERATIVE BANK, CHITTATTUKARA, BRAHMAKULAM VILLAGE, CHAVAKKAD TALUK,THRISSUR DISTRICT.
R1 BY GOVERNMENT PLEADER SRI.P.V.LONACHAN R2 BY ADV. SRI.GEORGE POONTHOTTAM
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
Con.Case(C).No. 761 of 2014 (S)
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEXURE A1 : TRUE COPY OF THE PROCEEDINGS ISSUED BY THE RETURNING OFFICER.
ANNEXURE A2 : TRUE COPY OF THE ORDER ISSUED BY THIS HONOURABLE COURT DATED 09.01.2014 IN W.P.(C)NO. 221 OF 2014. ANNEXURE A3 : TRUE COPY OF THE JUDGMENT IN W.A.NO.214 OF 2014. ANNEXURE A4 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 20.06.2014, OBTAINED UNDER THE RIGHT TO INFORMATION ACT.
RESPONDENT(S)' ANNEXURES:
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
K. VINOD CHANDRAN, J
- - - - - - - - - - - - -- - - - - - - - - - - - - - - - Cont. Case (C) No.761 of 2014 in W.P(C) No. 221 of 2014
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 12th day of August, 2014
J U D G M E N T
The above contempt has been specifically filed on the ground that the Joint Registrar and the Administrator has not complied with Annexure A2 order passed by this Court. By Annexrue A 2 it was directed that a Committee of the existing Board of directors would be appointed as the administrative committee, since the term of the elected managing committee was expiring. The 6B registers were not seen properly maintained and 6A identity cards were not issued hence, it was also directed that the committee would ensure proper maintenance of 6B registers and issuance of 6A identity cards within a period of one month and the 2nd respondent was directed to verify the same immediately after one month and file a report before this Court.
COC No.761/14
: 2 :
Directors. However, an Administrator was directed to be appointed and it was also directed that the administrator as also the Joint Registrar would comply with the directions of Annexure A2. Annexure A2 having merged with Annexure A3, it would be appropriate that the petitioner move a contempt if at all so advised, before the Division Bench. In such circumstance, the present contempt is closed without prejudice to such remedy.
jma
Sd/- K.VINOD CHANDRAN, Judge
//true copy//
P.A to Judge
GEO FOX
C.V.SASIDHARAN
SHIBU K.JACOB
K VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
