V.N.Sasidhara Kurup vs Asha Suresh
2021 Latest Caselaw 23861 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
                     CON.CASE(C) NO. 613 OF 2021
AGAINST THE JUDGMENT IN WP(C) 35028/2018 OF HIGH COURT OF KERALA
PETITIONERS:

    1     V.N.SASIDHARA KURUP,
          AGED 68 YEARS
          S/O. NARAYANAN NAIR, VISHNU PRIYA, VETTIYAR P.O.,
          MAVELIKARA TALUK, ALAPPUZHA DISTRICT.

    2     SUMANGALA,
          AGED 64 YEARS
          D/O. VASUDEVAN PILLAI, VISHNU PRIYA, VETTIYAR P.O.,
          MAVELIKARA TALUK, ALAPPUZHA DISTRICT.

          BY ADV K.V.ANIL KUMAR



RESPONDENTS:

    1     ASHA SURESH,
          AGE AND FATHER'S NAME NOT KNOWN, WORKING AS
          SECRETARY/MANAGER, MAVELIKARA TALUK CO-OPERATIVE BANK
          LTD. NO.707, THAZHAKKARA BRANCH, THAZHAKKARA P.O.,
          MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN-690102.

    2     B.S.PRAVEEN DAS,
          AGE AND FATHER'S NAME NOT KNOWN, JOINT REGISTRAR OF
          CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT
          REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA
          DISTRICT, PIN-688001.

    3     P.B.NOOH,
          AGE AND FATHER'S NAME NOT KNOWN, REGISTRAR (GENERAL)
          OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF
          CO-OP. SOCIETIES, THIRUVANANTHAPURAM, PIN-690102.

          BY ADVS.
          SRI.B.ASHOK SHENOY
          GOVERNMENT PLEADER
          SRI.P.S.GIREESH
          SRI.RIYAL DEVASSY
 CON.CASE(C) NO. 613/2021      2

OTHER PRESENT:

          SRI. T.P.THAJUDHEEN SPL.G.P.




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO. 613/2021            3

                              JUDGMENT

This contempt case has been filed alleging

that, in spite of the directions of this Court, the

proceeds of the Fixed Deposits have not been paid

to the petitioners.

2. However, when this matter was called today,

Shri.T.P.Thajudeen - learned Special Government

Pleader, appearing for respondents 2 and 3 and

Shri.Gireesh P.S., learned Counsel appearing for

respondent No.1, submitted that the proceeds of the

Fixed Deposits have already been repaid to the

petitioners and therefore, that this Contempt Case

is no longer capable of being prosecuted further.

3. However, the learned counsel for the

petitioners - Smt.Swapna Vijayan, submitted that

even though the proceeds of the Fixed Deposit have

been paid, the interest of one of them has been

offered to her client only till 2015; while on the

other, till the year 2019 alone. She thus submitted

that unless the interest on the deposits is also

properly paid, the directions in the judgment

cannot be said to have been fully complied with.

4. However, Shri.P.T.Thajudeen and Shri.Gireesh

P.S. appearing for the respondents, submitted that

the petitioners are not entitled to interest after

the afore mentioned periods because the Fixed

Deposits had not been renewed; and that, going by

the bye-laws of the Society, no further interest

would be payable thereon.

5. Though I do not propose to speak

affirmatively on the afore rival contentions, I am

of the view that it will not be possible for this

Court to evaluate the same on its merits, while

this Court acts under this jurisdiction.

6. Obviously, therefore, if the petitioners

have any further grievance with respect to the

interest paid, they will be at liberty to approach

the competent Authorities, including under the

Kerala Co-operative Societies Act, and invoke and

pursue appropriate measures.

With the afore liberty being reserved to the

petitioners, I close this contempt case without any

further orders.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/7.12

APPENDIX OF CON.CASE(C) 613/2021

PETITIONER ANNEXURE

ANNEXURE A1 A TRUE COPY OF JUDGMENT DATED 15.3.2019 IN WRIT PETITION (CIVIL) NO.35028/2018.

ANNEXURE A2 CERTIFIED COPY OF ORDER DATED 4.12.2019 IN RP.NO.1133/2019 IN WRIT PETITION (CIVIL) NO.35028/2018.

ANNEXURE A3 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 27.12.2019.

ANNEXURE A4 A TRUE COPY OF THE ORDER DATED 31.12.2019 OF THE 2ND RESPONDENT.

ANNEXURE A5 A TRUE COPY OF THE REQUEST DATED 16.11.2020 BEFORE THE 2ND RESPONDENT AND ITS ACKNOWLEDGMENT CARD.

ANNEXURE A6 A TRUE COPY OF THE NOTICE DATED 11.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE BANK.

RESPONDENT ANNEXURE

Annexure R3(A) TRUE COPY OF THE ORDER NO. CRP(2)6384/2019 DATED 31/12/2019.

Annexure R3(B) TRUE COPY OF THE LETTER NO.

CRP(2)6384/2019 DATED 27/10/2020.

Annexure R3(C) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 10/02/2021.

Annexure R3(D) TRUE COPY OF THE NOTICE NO.

CRP(2)6384/2019 DATED 13/04/2021.

Annexure R3(E) TRUE COPY OF THE ORDER NO. CRP(2)6384/2019 DATED 09/08/2021.

Annexure R3(F) TRUE COPY OF THE ORDER NO. CP(2) 578/2019 DATED 06/09/2021.

Annexure R1(A) TRUE COPY OF LETTER NO.282/21-22 DATED

04/10/2021 BEARING RECEIPT OF CHEQUE NO. 047574 DATED 04/10/2021 IS ENDORSED BY THE 1ST PETITIONER.