The Single Judge closed a contempt of court petition after the learned counsel submitted that a no confidence motion had been moved and passed by the Managing Committee in accordance with the Court's direction. The Judge found the explanation satisfactory and noted the meeting complied with relevant Rules.
Contempt of court petition closed and dismissed.
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 SUNIL THOMAS
FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
CON.CASE(C) NO.1453 OF 2021
ARISING OUT OF THE INTERIM ORDER DATED 13.08.2021 IN W.P.(C) NO.16498/2021.
PETITIONERS/PETITIONERS:
1 JOHN JOSEPH.T., AGED 73 YEARS, S/O.EAPEN, THEKKEKANDATHIL, MELUKAVUMATTOM P.O., KOTTAYAM-686 652.
2 SIBY JOSEPH, AGED 48 YEARS, S/O. JOSEPH, MOOKENTHOTTATHIL, MELUKAVUMATTOM P.O., KOTTAYAM-686 652.
3 GISMON THOMAS, AGED 38 YEARS, S/O. N.J.THOMAS, NELLANKUZHIYIL, MELUKAVUMATTOM P.O., KOTTAYAM-686 652.
AGED 61 YEARS, W/O. BIBI ISSAC, EANTHUMKEL, MELUKAVUMATTOM P.O., KOTTAYAM-686 652.
AGED 50 YEARS, W/O.MATHEW JOSEPH, VATTAKUNAYIL (H), MELUKAVUMATTOM P.O., KOTTAYAM-686 652.
CON.CASE(C) NO.1453 OF 2021
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BY ADVS.SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY SRI.THULASI K. RAJ
RESPONDENTS/RESPONDENTS 3 & 4:
1 AJITH KUMAR, AGE , FATHER'S NAME NOT KNOWN TO THE PETITIONER, JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), COLLECTORATE BUILDING, KK ROAD, KOTTAYAM-KUMILY ROAD, KOTTAYAM-686 002.
2 DARLING CHERIYAN JOSEPH, AGE, FATHERS NAME NOT KNOWN TO THE PETITIONER, ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ( GENERAL), MEENACHIL, PAALA, KOTTAYAM.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO.1453 OF 2021
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JUDGMENT
When the matter was taken up, the learned counsel for the petitioners and the learned Government Pleader submitted that pursuant to the directions of this Court, a meeting of the Managing Committee was convened, no confidence motion was moved and passed. Accordingly, the order of this Court stands implemented.
CON.CASE(C) NO.1453 OF 2021
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13.09.2021 which was adjourned to a subsequent date by Annexure-V notification, due to the factual situation that existed then. Hence this Court, in peculiar circumstances, clarified that no confidence motion to be taken up on 16.09.2021 will be in continuation of the original notice given for the meeting that was proposed earlier. I feel that no further clarification is required as it is in compliance of Rule 43A of the Kerala Co-operative Societies Rules.
With this clarification, this Contempt of Court case is closed.
Sd/- SUNIL THOMAS JUDGE
bpr
CON.CASE(C) NO.1453 OF 2021
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APPENDIX
PETITIONERS' ANNEXURE
ANNEXURE I TRUE COPY OF THE INTERIM ORDER DATED 13.08.2021 IN WPC NO.16498/2021.
ANNEXURE II TRUE COPY OF THE LAWYER NOTICE DATED 17.08.2021 ISSUED BY THE COUNSEL OF THE PETITIONERS.
ANNEXURE III TRUE COPY OF THE NOTICE DATED 18.08.2021. ANNEXURE IV TRUE COPY OF THE NOTICE DATED 19.08.2021. ANNEXURE V TRUE COPY OF THE NOTICE DATED 03.08.2021.
2 issues framed by the court
whether the closure of the contempt petition is appropriate after the no confidence motion was passed by the managing committee
whether the meeting convened for the no confidence motion was in conformity with Rule 43A of the Kerala Co-operative Societies Rules, 1969
JOHN JOSEPH.T.
SIBY JOSEPH
GISMON THOMAS
CISILYKUTTY PHILIP
SHANTY MATHEW
TITY GEORGEKUTTY
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
