M.P.Mani vs Mini Antony Ias
2021 Latest Caselaw 15753 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                    CON.CASE(C) NO. 927 OF 2021
  AGAINST THE JUDGMENT IN WP(C) 17769/2019 OF HIGH COURT OF
                         KERALA, ERNAKULAM
PETITIONER:

          M.P.MANI
          AGED 58 YEARS
          S/O.CHAKKAN, NOW WORKING AS BRANCH MANAGER, MANGALAM
          BRANCH, TIRUR URBAN CO-OPERATIVE BANK LTD., NO.1818,
          MANGALAM P.O., MALAPPURAM DISTRICT.

          BY ADV RAKESH K.



RESPONDENTS:

    1     MINI ANTONY IAS
          SECRETARY TO GOVERNMENT , DEPARTMENT OF CO-
          OPERATION, SECRETARIAT, TRIVANDRUM, TRIVANDRUM
          DISTRICT, PIN 695 001.

    2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES
          JAWAHAR SAHAKARANA BHAVAN,DPI JUNCTION,THYCAUD
          P.O,THIRUVANANTHAPURAM-695014

          (IS SUOMOTU IMPLEADED VIDE ORDER DATED 30/07/2021 IN
          COC 927/2021)

          BY ADV GOVERNMENT PLEADER


          SRI. P.M.MANOJ - SR.GP




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO.927/2021               2

                               JUDGMENT

This Contempt Case has been filed on the

allegation that, even though the competent Authority

of the Government was directed to take a decision as

ordered therein and to initiate necessary steps to

effect amendments to the Rules and its provisos - if

so found necessary - within a period of six months,

respondents have only issued an order dated

17.02.2020, but without taking any consequential

steps. The petitioner, therefore, prays that

necessary action against the respondents be

initiated by this Court under the Contempt of Courts

Act.

2. The afore submissions of Shri.Rakesh K.,

learned counsel for the petitioner, were refuted by

the learned Senior Government Pleader,

Shri.P.M.Manoj, showing me that the order dated

17.02.2020 - which has been produced along with a

Memo dated 22.07.2021 - has concluded upon the

various issues involved in this case and has

directed the Registrar of Co-operative Societies to

take necessary action pursuant thereto. He,

therefore, prayed that this contempt case be closed.

3. When I hear the learned Senior Government

Pleader, it must be borne in mind that what this

Court had directed was that if amendments to the

applicable Rules and provisos are necessary, then

steps for the same be completed within a period of

six months. There is no doubt that respondent has

issued an order dated 17.02.2020, but the same

states that steps for effecting the necessary

amendments in the statutory Rule must be taken by

the Registrar of Co-operative Societies.

4. That said, even though this order is stated

to have been issued on 17.02.2020, nothing has

been brought on record to show what steps were taken

by the Registrar of Co-operative Societies

thereafter. This is relevant because the learned

Senior Government Pleader submits that any amendment

in the Rule can only be made once a proposal from

the said Authority is received by the Government.

5. Since this Court had already fixed a time

frame of six months for effecting the amendments, if

they were found necessary, I am certain that the

matter cannot be delayed indefinitely by the

respondents or any other Authority.

6. Perhaps, discerning my mind as afore, the

learned Senior Government Pleader submitted that

respondents will follow up the matter with the

Registrar of Co-operative Societies and will ensure

that necessary proposals are obtained and the

applicable amendments made, if it is found so

necessary, within the earliest point of time.

Taking note of the afore and since this Court

had not issued any directions to the Registrar of

Co-operative Societies in the judgment, I deem it

appropriate to dispose of this contempt case

directing the respondents and in particular the 2 nd

respondent - Registrar of Co-operative Societies to

complete the processes as per the order dated

17.02.2020 and to make sure that necessary

amendments, if so found necessary, are made without

any further delay, but not later than six months

from the date of receipt of a copy of this judgment.

Needless to say, if these directions are also

violated, the petitioner will be at full liberty to

approach this Court with a fresh contempt case.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/4.8

APPENDIX OF CON.CASE(C) 927/2021

PETITIONER ANNEXURE

Annexure A CERTIFIED COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO.17769/2019 DT. 26.8.2019