C.P.Ponnappan vs Vijayakumari
2022 Latest Caselaw 1005 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                     TH
      TUESDAY, THE 25   DAY OF JANUARY 2022 / 5TH MAGHA, 1943

                 CON.CASE(C) NO. 683 OF 2021
 AGAINST THE ORDER/JUDGMENT IN WP(C) 26412/2020 OF HIGH COURT
                           OF KERALA

PETITIONER/S:

        C.P.PONNAPPAN, AGED 62 YEARS
        S/O. PADMANABHAN,
        CHAKKALAKKAL HOUSE, KUMBALANGHI, KOCHI

        BY ADVS.
        T.KABIL CHANDRAN
        JOBY KURIAKOSE T.J


RESPONDENTS:

  1      VIJAYAKUMARI
         AGE NOT KNOWN TO PETITIONER,
         HUSBANDS NAME NOT KNOWN TO PETITIONER,
         EMMATYPARAMBIL HOUSE, CHOORNIKKARA PANCHAYATH,
         ALUVA, PIN 683106,
         SECRETARY, THE KERALA STATE DEFENCE SERVICE
         CO-OEPRATIVE HOUSING SOCIETY LTD NO 4343,
         ANJIPARAMBIL BUILDING, ANAND BAZAR, SOUTH RAILWAY
         STATION, ERNAKULAM, COCHIN 682 016

  2      ADDL R2 MR.SARATH
         AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
         ADMINISTRATOR, OFFICE OF THE ASSISTANT REGISTRAR OF
         CO-OPERATIVE SOCIETY,COCHIN-682017
         (ADDL R2 IS IMPLEADED VIDE ORDER DTD 18/11/21 IN IA
         1/21 IN COC 683/21)

         BY ADVS.
         JOHN JOSEPH(ROY)
         S.PRASANTH
         MANJU JOSEPH
         ASWIN KUMAR M J
         RENOY VINCENT
         HELEN P.A.
         ARUN ROY
         SHAHIR SHOWKATH ALI

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.01.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CON.CASE(C) NO. 683 OF 2021

                                       2




                                    JUDGMENT

When this matter was taken up, Sri. Kabil Chandran, the learned

counsel appearing for the petitioner submitted that it has come out from the

counter affidavit filed by the additional respondent that overdraft facilities

were taken from the Ernakulam District Co-operative Bank which bank has

amalgamated with the Kerala Bank and the documents are retained with the

said bank. It is submitted that the petitioner was not aware of these aspects

when the writ petition was filed.

2. The learned counsel submitted that this Contempt Case can be

closed reserving the right of the petitioner to approach this Court afresh by

arraying the proper parties and seeking return of the original title deeds of

the petitioner.

In view of the said submission, reserving the right of the petitioner to

approach this Court with a fresh writ petition, this Contempt case is closed.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE PS/25/1/2022 CON.CASE(C) NO. 683 OF 2021

APPENDIX OF CON.CASE(C) 683/2021

PETITIONER ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF JUDGMENT DATED 25-01-2021 IN W.P(C0 NO. 26412/2020(B)

ANNEXURE A2 THE TRUE COPY OF THE POSTAL COVER ISSUED TO THE 1ST RESPONDENT.

RESPONDENT ANNEXURES

ANNEXURE R2(A) TRUE COPY OF THE ORDER NO. HM 5823/18 DATED 18.12.2018 OF THE JOINT REGISTRAR GENERAL, ENAKULAM DISTRICT.

ANNEXURE R2(B) THE TRUE COPY OF THE ORDER NO. HM 5823 DATED 31.10.2019 OF THE JOINT REGISTRAR GENERAL, ERNAKULAM DISTRICT

ANNEXURE R2(C) TRUE COPY OF THE ORDER NO. HM 1953 OF 2019 DATED 18.04.2020 EXTENDING THE TERM OF THE ADMINISTRATIVE COMMITTEE OF THE DEFENSE SOCIETY FOR A PERIOD OF 6 MONTHS FROM THE DATE 07.05.2020

ANNEXURE R2(D) TRUE COPY OF THE ORDER NO. GO PS 2/377/2021/CO-OP DATED 08.11.2021 OF THE GOVERNMENT OF KERALA

ANNEXURE R2(E) TRUE COPY OF THE ORDER NO. E-51/2021 DATED 23.11.2021 OF THE JOINT REGISTRAR GENERAL, ERNAKULAM DISTRICT.

ANNEXURE R2(F) TRUE COPY OF THE CONSENT LETTER DATED NIL SIGNED BY THE PETITIONER ALSO ACKNOWLEDGING THE LIABILITY TOWARDS THE ERNAKULAM DISTRICT CO-OPERATIVE BANK.