Kerala High Court
Aleyamma George vs K.G.Shaji on 2 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
CON.CASE(C) NO. 395 OF 2017
AGAINST THE ORDER/JUDGMENT IN WPC 36500/2015 OF HIGH COURT
OF KERALA, ERNAKULAM
PETITIONER:
ALEYAMMA GEORGE
CHEMPAKAMATTATHIL, PALAKKATTUMALA P.O., KOTTAYAM.
BY ADV SRI.B.KRISHNA MAN
SRI. SIJU RAJAN
RESPONDENT/S:
1 K.G.SHAJI
THE MANAGING DIRECTOR, THE MEENACHIL RUBBER MARKETING
AND PROCESSING CO-OPERATIVE SOCIETY LIMITE NO. K. 118,
PALA, KOTTAYAM-686575.
2 JOY ABRAHAMA M.P.
THE PRESIDENT, THE MANAGING DIRECTOR, THE MEENACHIL
RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCIETY
LIMITE NO. K. 118, PALA, KOTTAYAM-686575.
3 JOYICE MATHEW
ADMINISTRATOR,
MEENACHIL RUBBER MARKETING AND PROCESSING
CO-OPERATIVE SOCIETY LTD., JUNIOR INSPECTOR,
BHARANAGANAM UNIT, PALA, BHARANAGANAM,
P.O. KOTTAYAM DISTRICT-686 578.
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ADDL. R3 IS IMPLEADED AS PER ORDER DATED 04/03/2021 IN
IA.1/2021 IN COC.395/2017.
BY ADVS.
SRI.SHAJI THOMAS
SRI.JEN JAISON
CON.CASE(C) NO. 395 & 1665 OF 2017
-2-
SRI.SHAJI THOMAS
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.07.2021, ALONG WITH Con.Case(C).1665/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CON.CASE(C) NO. 395 & 1665 OF 2017
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
CON.CASE(C) NO. 1665 OF 2017
AGAINST THE ORDER/JUDGMENT IN WPC 36592/2015 OF HIGH
COURT OF KERALA, ERNAKULAM
PETITIONER/S:
C.C.GEORGE, S/O.CHERIAN,
AGED 78 YEARS
CHEMPAKAMATTATHIL,PALAKKATTUMALA.P.O,KOTTAYAM.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS:
1 K.G.SHAJI
AGED AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER,THE MANAGING DIRECTOR,THE MEENACHIL
RUBBER MARKETING AND PROCESSING CO-OPERATIVE
SOCIETY LTD.NO.K-118,PALA,KOTTAYAM-686575.
2 JOY ABRAHAM.M.P
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER,THE PRESIDENT,THE MEENACHIL RUBBER
MARKETING AND PROCESSING CO-OPERATIVE SOCIETY
LTD NO.K-118,PALA,KOTTAYAM-686575.
CON.CASE(C) NO. 395 & 1665 OF 2017
-4-
3 JOYICE MATHEW
ADMINISTRATOR,
MEENACHIL RUBBER MARKETING AND PROCESSING CO-
OPERATIVE SOCIETY LTD.,
JUNIOR INSPECTOR, BHARANAGANAM UNIT, PALA,
BHARANAGANAM,
P.O. KOTTAYAM DISTRICT-686 578.
------------ADDL. R3 IS IMPLEADED AS PER ORDER
DATED 04/03/2021 IN IA.1/2021 IN COC.1665/2017.
BY ADVS.
SRI.JEN JAISON
SRI.SHAJI THOMAS
SMT.RAHANA JOSE
SRI.SHARATH NARAYAN NAMBIAR
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 02.07.2021, ALONG WITH
Con.Case(C).395/2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
CON.CASE(C) NO. 395 & 1665 OF 2017
-5-
JUDGMENT
These contempt petitions are filed complaining
that the directives contained in the common
judgment judgment dated 13.07.2016 are not
complied with.
2. The subject issue relates to payment of
money by the Meenachil Rubber Marketing and
Processing Co-operative Society Limited to the
petitioners. It was undisputed that the
petitioners have made Fixed Deposit with the said
bank.
3. However now a detailed affidavit is filed
by the society basically stating that the society
is unable to make the payments to anyone, since it
has ran into various difficulties and unless and
until the properties are sold or the society is
revived, no amount can be paid to the petitioners
CON.CASE(C) NO. 395 & 1665 OF 2017
as well as others who have secured judgments from
this Court.
4. Taking into account the abovesaid aspect
and bearing in mind that the officers of the
society cannot be found fault with, merely for the
inability of the society to make the payments, I
do not think the contempt petitions can be
proceeded with. However fact remains, the contempt
petitioners are old people, who have deposited
money to the bank with the hopeful intention of
securing a descent interest.
5. Taking into account the abovesaid aspects,
these contempt petitions are closed for the time
being, leaving open the liberty of the petitioners
to resurrect the proceedings, if the payments are
not effected within nine months.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
CON.CASE(C) NO. 395 & 1665 OF 2017
APPENDIX OF con.case 395/2017
PETITIONER ANNEXURE
ANNEXURE 1 A TRUE COPY OF RELEVANT PORTION OF THE
WRIT PETITION,WPC NO.36500/2015 BEFORE
THE HONOURABLE HIGH COURT OF KERALA,
EKM DATED 29.11.2015
ANNEXURE II TRUE COPY OF THE JUDGMENT DATED
13.07.2016 IN WPC NO.36500/2015 BEFORE
THE HONOURABLE HIGH COURT OF KERALA,
ERNAKULAM
RESPONDENT'S
ANNEXURE
ANNEXURE R1A A TRUE PHOTOCOPY OF THE DECISION OF
THE GENERAL BODY DATED 22.12.2016
ANNEXURE R1B A TRUE PHOTOCOPY OF THE ORDER
HM4672/19 DATED 03.08.2020 ISSUED BY
THE JOINT REGISTRAR (GENERAL),
KOTTAYAM
ANNEXURE R3(A) A TRUE PHOTOCOPY OF THE ORDER
NO.112/2020/CO.OPDATED 13.02.2020
ISSUED BY THE ADDITIONAL SECRETARY TO
GOVERNMENT, CO-OPERATION © DEPARTMENT
CON.CASE(C) NO. 395 & 1665 OF 2017
APPENDIX OF con.case 1665/2017
PETITIONER'S ANNEXURE
ANNEXURE 1 A TRUE COPY OF RELEVANT PORTION OF THE
WRIT PETITION,WPC NO.36592/2015 BEFORE
THE HONOURABLE HIGH COURT OF KERALA,
EKM DATED 29.11.2015
ANNEXURE II TRUE COPY OF THE JUDGMENT DATED
13.07.2016 IN WPC NO.36592/2015 BEFORE
THE HONOURABLE HIGH COURT OF KERALA,
ERNAKULAM
ANNEXURE III TRUE COPY OF THE FIXED DEPOSIT RECEIPT
DATED 01.07.2016
RESPONDENT
ANNEXURE
ANNEXURE R1A A TRUE PHOTOCOPY OF THE DECISION OF
THE GENERAL BODY DATED 22.12.2016
ANNEXURE R1B A TRUE PHOTOCOPY OF THE ORDER
HM4672/19 DATED 03.08.2020 ISSUED BY
THE JOINT REGISTRAR (GENERAL),
KOTTAYAM
ANNEXURE R3(A) A TRUE PHOTOCOPY OF THE ORDER
NO.112/2020/CO.OPDATED 13.02.2020
ISSUED BY THE ADDITIONAL SECRETARY TO
GOVERNMENT, CO-OPERATION © DEPARTMENT
