V Raveendran vs A Binu
2022 Latest Caselaw 6884 Ker

Con.Case(C) No.745/2022                         1/5

                              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              PRESENT
                            THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                                 &
                          THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
             Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944
                CONTEMPT CASE(C) NO. 745 OF 2022(S) IN WA 535/2021
   PETITIONER/RESPONDENT/REVIEW PETITIONER/PETITIONER:

           V RAVEENDRAN, AGED 61 YEARS,
           TC 36/685, SAMKARAMANGALAM EENJAKKAL,
           VALLAKADAVU P.O, TRIVANDRUM, PIN - 695 008

        BY ADVOCATES SRI. ABRAHAM VAKKANAL (SENIOR ADVOCATE) ALONG WITH M/S.
        SAIJO HASSAN,BENOJ C AUGUSTIN, P.PARVATHY, AATHIRA SUNNY.
   RESPONDENT/PETITIONER/RESPONDENT/RESPONDENT:

           A BINU, SECRETARY,
           THIRUVANANTHAPURAM EXCISE DEPARTMENT EMPLOYEES CO- OPERATIVE
           SOCIETY, T 1068, FORT, THIRUVANANTHAPURAM, PIN - 695 001

        BY ADVOCATES M/S. SADCHITH P.KURUP, C.P.ANIL RAJ FOR RESPONDENT
        SRI.P.P.THAJUDEEN, SPECIAL GOVERNMENT PLEADER (CO-OPERATION)
        SRI.M. SASEENDRAN, STANDING COUNSEL, KERALA STATE CO-OPERATIVE EMPLOYEES
        PENSION BOARD
        This Contempt of court case (civil) having come up for orders on
   14.06.2022, the court on the same day passed the following:

                                                                            P.T.O.
 Con.Case(C) No.745/2022                       2/5




               ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
                       ---------------------------------------------------------
                                  Cont.Case(C) No. 745 of 2022
                  [arising out of the impugned judgment dated 24.03.2021
                                        in WA No.535/2021]
                       ---------------------------------------------------------
                              Dated this the 14th day of June, 2022


                                             ORDER

The respondent/the alleged contemnor has appeared in person.

2. We have heard Sri.Abraham Vakkanal, learned Senior Counsel,

and Sri.Saijo Hassan, learned counsel appearing for the petitioner;

Sri.Sadchith P. Kurup, learned counsel for the respondent/contemnor;

Sri.P.P.Thajudeen, learned Special Government Pleader (Co-operation); and

Sri.M.Saseendran, learned Standing Counsel for the Kerala State

Co-operative Employees Pension Board. At our request, learned Special

Government Pleader and the learned Standing Counsel for the Kerala State

Co-operative Employees Pension Board, have appeared for assisting this

Court.

3. Yesterday, when the matter was taken up, Sri.P.P.Thajudeen,

learned Special Government Pleader (Co-operation) had submitted, on

instructions, that the Joint Registrar (General), Thiruvananthapuram, has

already issued proceedings No.CS-4071/2022 dated 03.06.2022, out of

deference for due compliance of the directions issued by this Court in a

series of judgments including the instant Annexure A7 judgment of the Con.Case(C) No.745/2022 3/5

Cont.Case(C) No. 745 of 2022

Division Bench of this Court rendered on 24.03.2021 in WA No.535/2021.

The contents of the said proceedings dated 03.06.2022 issued by the Joint

Registrar (General) of Co-operative Societies, Thiruvananthapuram,

containing the requisite directions to the respondent have been duly

extracted in the order dated 13.06.2022 passed in this case.

4. Today, the respondent/Secretary has appeared in person has

now appraised us that he would certainly comply with any direction that

may be issued by this Court in respect of the subject matter in this

contempt proceedings. The above said fair stand taken by the

respondent/Secretary is recorded.

5. Accordingly, it is ordered that the respondent/Secretary will

immediately issue proceedings/order validating the appointment of the

petitioner as Secretary of the respondent Co-operative Society in

compliance with the decision already rendered by the General Body of the

said Co-operative Society on 10.09.2007 and should also ensure that the

pension papers of the petitioner should be duly signed, validated and

forwarded to the Kerala State Co-operative Employees Pension Board so as

to enable the petitioner to claim pension consequent to his retirement as

Secretary of the said Society with effect from 30.09.2015.

6. Necessary action in this regard shall be duly rendered by the

respondent Secretary within three days from today. In the said Con.Case(C) No.745/2022 4/5

Cont.Case(C) No. 745 of 2022

proceedings, the respondent Secretary will also be at liberty to cite the

above proceedings dated 03.06.2022 issued by the Joint Registrar

(General) of Co-operative Societies, Thiruvananthapuram, as recorded in

the order dated 13.06.2022 passed by this Court in this contempt case. It is

also to be noted that a copy of the said proceedings dated 03.06.2022 was

already handed over by the Special Government Pleader (Co-operation) to

the learned Standing Counsel of the respondent yesterday.

7. On receipt of the pension papers, the Kerala State Co-operative

Employees Pension Board will also take consequential action to ensure that

the pensionary claims of the petitioner as above are duly honoured and

settled.

List the case for reporting compliance on 17.06.2022.

Hand Over

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE bka/-

14-06-2022                            /True Copy/                           Assistant Registrar
 Con.Case(C) No.745/2022                 5/5

                          APPENDIX OF CON.CASE(C) 745/2022
Annexure A7               CERTIFIED COPY OF THE JUDGMENT IN WRIT APPEAL NO. 535

OF 2021 DATED 24.03.2021 BY THE HON'BLE DIVISION BENCH AGAINST THE ORDER IN RP NO.987/2020 DATED 14.01.2021.