John Joseph.T vs Ajith Kumar
2021 Latest Caselaw 19665 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
       FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                         CON.CASE(C) NO.1453 OF 2021

ARISING OUT OF     THE    INTERIM   ORDER     DATED   13.08.2021   IN   W.P.(C)
NO.16498/2021.
PETITIONERS/PETITIONERS:

   1     JOHN JOSEPH.T.,
         AGED 73 YEARS, S/O.EAPEN,
         THEKKEKANDATHIL,
         MELUKAVUMATTOM P.O., KOTTAYAM-686 652.

   2     SIBY JOSEPH,
         AGED 48 YEARS, S/O. JOSEPH,
         MOOKENTHOTTATHIL,
         MELUKAVUMATTOM P.O., KOTTAYAM-686 652.

   3     GISMON THOMAS,
         AGED 38 YEARS, S/O. N.J.THOMAS,
         NELLANKUZHIYIL,
         MELUKAVUMATTOM P.O., KOTTAYAM-686 652.

   4     CISILYKUTTY PHILIP,
         AGED 61 YEARS, W/O. BIBI ISSAC,
         EANTHUMKEL,
         MELUKAVUMATTOM P.O., KOTTAYAM-686 652.

   5     SHANTY MATHEW,
         AGED 50 YEARS, W/O.MATHEW JOSEPH,
         VATTAKUNAYIL (H),
         MELUKAVUMATTOM P.O., KOTTAYAM-686 652.

   6     TITY GEORGEKUTTY,
         AGED 41 YEARS, W/O. GOERGEKUTTY MANUAL,
         KALLAKKAVUMKAL(H),
         KIZHAKKEMATTOM P.O., KOTTAYAM-686 652.

   7     JOSEPHKUTTY JOSEPH,
         AGED 57 YEARS, S/O. JOSEPH,
         KONAKKUNNEL,
         KONIPPADU P.O., KOTTAYAM-686 652
 CON.CASE(C) NO.1453 OF 2021

                                 -2-

         BY ADVS.SRI.KALEESWARAM RAJ
                 SRI.VARUN C.VIJAY
                 SRI.THULASI K. RAJ


RESPONDENTS/RESPONDENTS 3 & 4:

   1     AJITH KUMAR,
         AGE , FATHER'S NAME NOT KNOWN TO THE PETITIONER, JOINT
         REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
         OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
         (GENERAL), COLLECTORATE BUILDING,
         KK ROAD, KOTTAYAM-KUMILY ROAD, KOTTAYAM-686 002.

   2     DARLING CHERIYAN JOSEPH,
         AGE, FATHERS NAME NOT KNOWN TO THE PETITIONER,
         ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
         OFFICE OF THE ASSISTANT REGISTRAR
         OF CO-OPERATIVE SOCIETIES ( GENERAL),
         MEENACHIL, PAALA, KOTTAYAM.

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.09.2021, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO.1453 OF 2021

                                   -3-


                                JUDGMENT

When the matter was taken up, the learned counsel for the

petitioners and the learned Government Pleader submitted that

pursuant to the directions of this Court, a meeting of the Managing

Committee was convened, no confidence motion was moved and

passed. Accordingly, the order of this Court stands implemented.

2. I have gone through the affidavit filed by the 1 st

respondent Joint Registrar and is satisfied with the explanation.

Hence I do not propose to pursue the contempt of court petition,

which is liable to be closed.

3. The learned counsel for the petitioners submitted that no

confidence motion moved yesterday and got passed shall be deemed

to be in continuation of the earlier proceeding for convening the

meeting, which was adjourned by Annexure-V notification. The

learned counsel sought a clarification that the meeting convened

yesterday was in conformity with Rule 43A of the Kerala Co-operative

Societies Rules, 1969. The order of this Court dated 13.09.2021 was

so clear, that it was ordered to be moved pursuant to the order dated CON.CASE(C) NO.1453 OF 2021

13.09.2021 which was adjourned to a subsequent date by

Annexure-V notification, due to the factual situation that existed then.

Hence this Court, in peculiar circumstances, clarified that no

confidence motion to be taken up on 16.09.2021 will be in

continuation of the original notice given for the meeting that was

proposed earlier. I feel that no further clarification is required as it is

in compliance of Rule 43A of the Kerala Co-operative Societies Rules.

With this clarification, this Contempt of Court case is closed.

Sd/-

SUNIL THOMAS JUDGE

bpr CON.CASE(C) NO.1453 OF 2021

APPENDIX

PETITIONERS' ANNEXURE

ANNEXURE I TRUE COPY OF THE INTERIM ORDER DATED 13.08.2021 IN WPC NO.16498/2021.

ANNEXURE II TRUE COPY OF THE LAWYER NOTICE DATED 17.08.2021 ISSUED BY THE COUNSEL OF THE PETITIONERS.

ANNEXURE III TRUE COPY OF THE NOTICE DATED 18.08.2021.

ANNEXURE IV TRUE COPY OF THE NOTICE DATED 19.08.2021.

ANNEXURE V TRUE COPY OF THE NOTICE DATED 03.08.2021.