N.N.Pavanan vs E.N.Salimon
2023 Latest Caselaw 159 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
             Friday, the 6th day of January 2023 / 16th Pousha, 1944
            CONTEMPT CASE(C) NO. 2094 OF 2020(S) IN WP(C) 14211/2019

     PETITIONER/PETITIONER IN W.P.(C) NO. 14211/2019


           N.N.PAVANAN, NEDUMCHIRA HOUSE, ULLALA, THALAYAZHAM,

           VAIKOM, SECRETARY (RETIRED), PARAKKATTUKULANGARA COIR

           VYAVASAYA SAHAKARANA SANGHAM LTD. NO. K 675,

           T.V.PURAM P.O, VAIKOM.

           BY ADVOCATE SRI. P.P. JACOB


     RESPONDENT/1ST RESPONDENT IN W.P.(C) NO.14211/2019


1.      E.N.SALIMON S/O. NARAYANAN, AGED 53 YEARS,

        PRESIDENT, PARAKKATTUKULANGARA COIR VYAVASAYA

        SAHAKARANA SANGHAM LTD. NO. K 675, T.V. PURAM P.O,

        VAIKOM-686 606, RESIDING AT MANKAVI, T.V. PURAM P.O,

        VAIKOM-686 606.

        ADDL.R2 IMPLEADED

2.      JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,

        OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,

        KOTTAYAM, PIN -686 001

        IS SUO MOTU IMPLEADED AS ADDITIONAL R2 AS PER ORDER

        DATED 25-02-2021 IN COC 2094 OF 2020.

                                                          P.T.O.
      ADDL. R3 IMPLEADED

3.   THE PROJECT OFFICER (COIR),

     OFFICE OF THE PROJECT OFFICER (COIR), VAIKOM, KOTTAYAM.

     IS IMPLEADED AS ADDL. R3 AS PER ORDER DATED 31/03/2021

     IN IA 2/2021.

     ADDL. R4 IMPLEADED

4.   THE SECRETARY TO GOVERNMENT,

     REVENUE DEPARTMENT, GOVERNMENT OF KERALA.

     ADDL. R4 IS SUO MOTU IMPLEADED AS PER ORDER

     DATED 12/10/2022 IN COC.2094/2020.

     ADVOCATES M/S. MANU GOVIND, S. RADHAKRISHNAN &

                     ADITYA THEJUS KRISHNAN FOR R1.

      GOVERNMENT PLEADER FOR ADDL.R2 & ADDL.R3.
     This Contempt of court case (civil) having come up for orders on
06.01.2023, the court on the same day passed the following:

                                                      P.T.O.
                    Devan Ramachandran, J.
               -----------------------------------------
              Contempt Case(C)No.2094 of 2020
               -----------------------------------------
            Dated this the 06th day of January, 2023

                                ORDER

Read order dated 12.10.2022 and 24.11.2022.

2. The learned Government Pleader submits that the official

respondents in the party array have been unable to act since the

Society has refused to favour them with a General Body resolution, for

sale of the property, though a resolution of the Managing Committee

has been made available.

3. Sri.Manu Govind appearing for the 1st respondent submitted

that he has no instructions

4. This Court is now, therefore, faced with a situation where

the Society is obdurately refusing to abide by the directions of this

Court and the official respondents say that they are constrained

because they have not obtained a resolution from them. This cannot

be allowed to continue since, otherwise, the orders and judgments of

this Court would turn meaningless and futile and would rob the

bedrock of the trust of the people in it.

5. In the afore circumstances, this Court is now constrained -

to ensure the compliance of the directions - that the property of the

Society be sold based on the resolution of the Managing Committee,

particularly when the General Body of the Society is refusing to even

heed to the orders of this Court.

6. I, therefore, direct respondents 2 to 4 to act in terms of the

resolution of the Managing Committee of the Society. I also leave

them liberty to devise any other method other than sale, to ensure

that the amounts due to the petitioner are paid. The action taken in

this regard shall be informed to this Court by the next posting date.

List this case on 17.01.2023.

Sd/-

DEVAN RAMACHANDRAN JUDGE

MC

06-01-2023 /True Copy/ Assistant Registrar