Kerala High Court
Against The Judgment In Wpc ... vs By Adv. Sri.T.R.Harikumar on 12 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
Con.Case(C).No.1280 OF 2017(S) IN WP(C). 26322/2015
AGAINST THE JUDGMENT IN WPC 26322/2015 DATED 19-05-2016 OF HIGH
COURT OF KERALA
PETITIONER/PETITIONER IN WPC
K.J.JOY
AGED 69 YEARS
KARIKKAD HOUSE, NADUBHAGAM, CHAMPAKULAM P.O.,
ALAPPUZHA DISTRICT - 688 505.
BY ADV. SRI.T.R.HARIKUMAR
RESPONDENTS/ADMINISTRATIVE COMMITTEE MEMBERS WHO ARE APPOINTED IN
THE PLACE OF THE 2ND RESPONDENT BOARD IN WPC
1 N.S.SREEKUMAR
AGE NOT KNOWN TO THE PETITIONER,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
RESIDING AT NATTUKARATHIL, NADUBHAGOM, CHAMBAKULAM,
ALAPPUZHA,CONVENER, ADMINISTRATIVE COMMITTEE,
NEDUMUDY VILLAGE SERVICE CO-OPERATIVE SOCIETY LTD.NO.
2331, NEDUMUDY P.O.,
ALAPPUZHA DISTRICT. - 688 508.
2 M.C. ANIYAPPAN
AGE NOT KNOWN TO THE PETITIONER,
FATHER'S NAME NOT KNOWN TO THE PETITIONER,
RESIDING AT MUNNUTTIANPATHIL CHIRA,
VAISYAM BHAGOM P.O., ALAPPUZHA, MEMBER,
ADMINISTRATIVE COMMITTEE, NEDUMUDY VILLAGE SERVICE
CO-OPERATIVE SOCIETY LTD.NO. 2331, NEDUMUDY P.O.,
ALAPPUZHA DISTRICT. - 688 508.
3 JAMES MATHEW
AGE NOT KNOWN TO THE PETITIONER,FATHER'S NAME NOT
KNOWN TO THE PETITIONER,RESIDING AT VALIYAKULAM,
CHAMBAKULAM P.O., ALAPPUZHA,MEMBER, ADMINISTRATIVE
COMMITTEE,
NEDUMUDY VILLAGE SERVICE CO-OPERATIVE SOCIETY LTD.NO.
2331, NEDUMUDY P.O.,
ALAPPUZHA DISTRICT. - 688 508.
2
Con.Case(C).No.1280 OF 2017(S) IN WP(C). 26322/2015
4 N.K.REGHUNATHAN
AGED 59 YEARS
S/O. KUNJOLA,PRESIDENT,
MANAGING COMMITTEE OF THE NEDUMUDY VILLAGE
SERVICE CO-OPERATIVE SOCIETY LTD. NO.2331,
NEDUMUDY P.O.,ALAPPUZHA 688508.-
IS IMPLEADED AS PER ORDER DATED 06-02-2019 IN
IA 02/2019 IN COC 1280/2017
R1 BY ADV. SRI.K.J.KURIACHAN
R2-4 BY ADV. K.J.KURIACHAN
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY
HEARD ON 12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
Con.Case(C).No.1280 OF 2017(S) IN WP(C). 26322/2015
JUDGMENT
Dated this the 12th day of March 2021
This contempt petition is filed complaining
that the directives contained in the judgment dated
19.05.2016 in W.P.(C)No.26322/2015 are not complied
with.
2. The direction was issued by this Court to
the respondent Society to pay the retirement
benefits and other dues to the petitioner. An
affidavit is filed by the respondent before this
Court stating that, the Society has ran into
difficulties and at present is unable to pay the
amounts.
3. Today when the matter is taken up, a notice
issued by the Joint Registrar of Co-operative
Societies, Alappuzha, dated 20.02.2021 issued under
Section 71(1) of the Co-operative Societies Act,
1969 is produced. From where I am satisfied that,
Con.Case(C).No.1280 OF 2017(S) IN WP(C). 26322/2015
liquidation proceedings have been started, since
the function of the Society is unable to be carried
out under normal circumstances.
In that view of the matter, even if the amounts
are due to the petitioner, it can only be subject
to the liquidation proceedings. Therefore, the
contempt petition is closed, leaving open the
liberty of the petitioner to make all claims before
the liquidator, in accordance with law.
Sd/-
SHAJI P.CHALY
JUDGE
hmh
Con.Case(C).No.1280 OF 2017(S) IN WP(C). 26322/2015
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I A TRUE COPY OF THE JUDGMENT DATED 17-03-
2014 IN WPC NO.982/2008
ANNEXURE II CERTIFIED COPY OF THE JUDGMENT IN WPC
NO.26322/2015 DATED 19-05-2016.
ANNEXURE III A TRUE COPY OF THE ORDER NO.
CRP(2)3157/2016 dated 13-07-2016 issued
by the joint registrar (General) of Co-
Operative Societies, Alappuzha.
ANNEXURE IV A TRUE COPY OF THE ORDER NO.
CRP(2)3157/2016 dated 26-12-2016 issued
by the Joint Registrar (General) of Co-
Operative Societies, Alappuzha.
RESPONDENT'S/S EXHIBITS: NIL
