Deepa M vs Smt.Ajitha Kumari @ Thankam
2021 Latest Caselaw 20151 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

         FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943

                       CON.CASE(C) NO. 133 OF 2017

   AGAINST THE JUDGMENT DATED 22.09.2016 IN RP 680/2016 IN W.P.(C) NO.

                   12242/2016 OF HIGH COURT OF KERALA

PETITIONER/FIRST RESPONDENT IN THE R.P/PETITIONER IN W.P:

            DEEPA M
            W/O.AJEESH, AGED 29 YEARS, DEEPA BHAVAN, T.M.H.31-A,
            THIRUMULLAVARAM P.O., KOLLAM-691 012.
            BY ADV SRI.B.MOHANLAL


RESPONDENT/PETITIONER IN THE R.P/3RD RESPONDENT IN THE R.P:

     1      SMT.AJITHA KUMARI @ THANKAM
            FATHER'S NAME AND AGE NOT KNOWN TO THIS PETITIONER, ACTING
            SECRETARY, THE THIRUMULLAVARAM VANITHA WELFARE CO-
            OPERATIVE BANK LIMITED NO.Q-1094, THIRUMULLAVARM P.O.,
            KOLLAM-691 012.
     2      ADDL. R2 TO R4 IMPLEDED:

            SRI. PRAVEEN DAS,
            ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE
            ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL],
            CUTCHERY P.O., KOLLAM-691 013.
     3      SRI. SUDARSANA BABU
            UNIT INSPECTOR, PARAVOOR UNIT, OFFICE OF THE ASSISTANT
            REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL], CUTCHERY
            P.O., KOLLAM-691 013.
     4      SRI. ALFRED. J
            UNIT INSPECTOR, KUNDARA UNIT, OFFICE OF THE ASSISTANT
            REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL], CUTCHERY
            P.O., KOLLAM-691 013.

            [ADDL. R2 TO R4 ARE IMPLEADED BY ORDER DATED 17.07.2017 IN
            I.A. NO. 401/2017 IN COC NO. 133/2017]



            R1- SRI.ARUN BABU
            R2 TO 4- SRI.SHAMEER.P.M.

      THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION

      ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 C.O (C) No. 133/2017                     :2:




            Dated this the 24th day of September, 2021.

                           JUDGMENT

This contempt petition is filed complaining that the directions

contained in the judgment dated 27.05.2016 in W.P.(C) No. 12242 of

2016 and the order in R.P. No. 680 of 2016 dated 22.09.2016 are not

complied with.

2. A detailed counter affidavit is filed by the 4 th respondent

refuting the allegations. However, today, when the matter was taken

up for consideration, the learned counsel for the petitioner submitted

that the principal amount of Rs.2,00,000/- was paid in two instalments

as directed in the RP. However, the interest part is not paid. It is an

admitted fact that the society has run into various difficulties for

various factors, including misappropriation of substantial amounts and

is now managed by the Administrator appointed by the Government.

The fact that at least the principal amount is paid, I am of the

considered opinion that the contempt case can be closed, leaving open

the liberty of the petitioner to pursue her further remedies for payment

of interest before the Administrator. Further, the Government has

found that the Secretary, who has swindled money, is not having

personal any properties to be proceeded with.

3. In that view of the matter, there is no point in keeping this

contempt petition pending before this Court and it can be closed,

leaving open the liberty of the petitioner to raise appropriate claims

before the Administrator.

Therefore, this contempt case is closed, leaving open the liberty

of the petitioner to raise all her claims with respect to the interest

before the Administrator. In such an event, the Administrator shall

consider the same in accordance with law and do the necessary to

ventilate the grievance of the petitioner.

sd/-

SHAJI P. CHALY, JUDGE.

Rv