Family pension beneficiaries initiated contempt proceedings over non-disbursement of family pension awarded in an earlier writ judgment. As respondents began disbursing the pension, counsel did not press further orders; the court closed the case, keeping open liberty to approach it afresh, including regarding arrears.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
CON.CASE(C) NO. 84 OF 2020
AGAINST THE JUDGMENT IN WP(C) 17039/2019 DATED 08.08.2019
PETITIONERS:
1 GEETHA C.B., WIFE OF LATE LAKSHMANAN.P.K., PAZHAYEDATHU VEEDU, CHANDANAKKAMPARA POST, KANNUR DISTRICT-670 6332 SWATHY LAKSHMANAN, DAGHTER OF LATE LAKSHMANAN.P.K., PAZHAYEDATHU VEEDU, CHANDANAKKAMPARA POST, KANNUR DISTRICT-670 6333 SIDHARTH LAKSHMANAN, SON OF LATE LAKSHMANAN.P.K., PAZHAYEDATHU VEEDU, CHANDANAKKAMPARA POST, KANNUR DISTRICT-670 633BY ADVS.
O.V.MANIPRASAD
SRI.JOSE ANTONY
RESPONDENTS:
1 RAJASREE MENON, DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, CIVIL STATION, KANNUR P.O.,KANNUR DISTRICT-670 0012 KUSUMAM CYRIL, AGED 45 YEARS, W/O. CYRIL, THE SECRETARY, CHANDANAKKAMPARA KSHEEROLPADAKA SAHAKRANA SANGHAM LIMITED NO.C 105 (D), APCOS, CHANDANAKKAMPARA POST, KANNUR DISTRICT-670 6333 SHIJU CHIRAMATTEL, AGED 45 YEARS, S/O. JOSEPH, THE PRESIDENT, CHANDANAKKAMPARA KSHEEROLPADAKA SAHAKRANA SANGHAM LIMITED NO.C 105 (D), APCOS, CHANDANAKKAMPARA POST, KANNUR DISTRICT-670 633*4 JANARDHANAN M.K., (NAME OF THE FATHER AND AGE NOT KNOWN TO THE PETITIONERS), KOTTAYADAN HOUSE, CHANDANAKAMPARA, CHAIRMAN, CHANDANAKKAMPARA KSHEEROLPADAKA SAHAKARANA SANGHAM LIMITED NO.C 105(D), APCOS, CHANDANAKKAMPARA POST, KANNUR DISTRICT-670 633.COC 84/20
2
*5JOSE. K.J., (AGE NOT KNOWN TO THE PETITIONERS),
KEEZHOOR HOUSE, CHANDANAKKAMPARA, MEMBER,KEEZHOOR
HOUSE, CHANDANAKKAMPARA, MEMBER, ADMINISTRATIVE
COMMITTEE, CHANDANAKKAMPARA KSHEEROLPADAKA SAHAKARANA
SANGHAM LIMITED NO.C 105(D), APCOS, CHANDANAKKAMPARA
POST, KANNUR DISTRICT-670 633.
*6MATHEW @ BABY, S/O.ABRAHAM, (AGE NOT KNOWN TO THE
PETITIONERS), THURUTHIYIL HOUSE, MEMBER,
ADMINISTRATIVE COMMITTEE, CHANDANAKKAMPARA
KSHEEROLPADAKA SAHAKARANA SANGHAM LIMITED NO.C
105(D), APCOS, CHANDANAKKAMPARA POST, KANNUR
DISTRICT-670 633.
(ADDL. R4 TO R6 IMPLEADED VIDE ORDER DATED
26/02/2020 IN IA.2/2020 IN COC.84/2020)
*7THE SECRETARY, KERALA CO-OPERATIVE PENSION BOARD,
JAWAHAR SAHAKARANA BHAVAN, 7TH FLOOR, JUNCTION DPI,
THYCAUD, THIRUVANANTHAPURAM, KERALA - 695 014. *
(ADDL.R7 IS SUO MOTU IMPLEADED AS PER ORDER DATED
3.4.2023 IN COC 84/2020)
BY ADVS.
SRI.CIBI THOMAS
SRI.VIJU ABRAHAM
M.SASINDRAN
SMT.VARNA MANOJ
SRI. M.SASINDRAN, SC
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
COC 84/20
3
JUDGMENT
When this matter was called today, learned counsel for the
petitioners submitted that since the respondents have commenced disbursing the Family Pension, no further orders are being pressed in this Contempt Case at the moment. He, however, prayed for liberty to his client to approach this Court with a fresh Contempt Case, in case any further orders are necessary, in future, including the payment of arrears.
In the afore circumstances, this Contempt Case is closed with
the afore requested liberty being kept open to the petitioners.
Sd/-
RR
DEVAN RAMACHANDRAN
JUDGE
COC 84/20
4
APPENDIX OF CON.CASE(C) 84/2020
RESPONDENT ANNEXURES |
||
|---|---|---|
Annexure R2(a) |
TRUE COPY OF THESUBMITTED BY THE |
RESIGNATION LETTER2ND PETITIONER |
Annexure R2(b) |
TRUE COPY OF THEMEMBERSHIP FOR THEMPLOYEE SUBMITTEBOARD |
APPLICATION FORE SOCIETY AND DECEASEDD BEFORE THE PENSION |
Annexure R2(c) |
TRUE COPY OF THEALONG WITH ANNEXU |
COVERING LETTER SUBMITTEDRE R2(B) |
PETITIONER ANNEXURES |
||
ANNEXURE-A4 |
TRUE COPY OF THERESPONDENTS 2 ANDDAILY DATED 05.10 |
ADVERTISEMENT BY3 APPEARED IN DEEPIKA.2019 |
ANNEXURE-A5 |
TRUE COPY OF THEGIVEN TO THE 1STPETITIONER |
LETTER DATED 15.10.2019RESPONDENT BY THE 2ND |
ANNEXURE-A1 |
CERTIFIED COPY OF08.08.2019 IN W.PTHIS HON'BLE COUR |
THE JUDGMENT DATE(C) N.17039 OF 2019 OFT |
ANNEXURE-A7 |
TRUE COPY OF THECARD SIGNED BY TH |
POSTAL ACKNOWLEDGMENTE 4TH RESPONDENT |
ANNEXURE-A6 |
TRUE COPY OF THETO THE RESPONDENTRESPONDENTS |
LETTER DATED 15.10.2019S 2 AND 3 BY THE 1ST |
ANNEXURE-A2 |
TRUE COPY OF THE27.08.2019 BEFORE |
REPRESENTATION DATEDTHE 1ST RESPONDENT |
ANNEXURE-A3 |
TRUE COPY OF THEOF THE 1ST RESPON |
LETTER DATED 04.09.2019DENT |
ANNEXURE-A8 |
A TRUE COPY OF THISSUED BY THE 2NDPETITIONER |
E LETTER DATED 17.01.2020RESPONDENT TO THE 2ND |
1 issue framed by the court
Whether contempt proceedings could be closed as the respondents had commenced disbursing the Family Pension.
Geetha C.B.
Swathy Lakshmanan
Sidharth Lakshmanan
Rajasree Menon
Kusumam Cyril
Shiju Chiramattel
Devan Ramachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court