Jayendran S vs S. Sajeevan
2023 Latest Caselaw 7831 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                        CON.CASE(C) NO. 1584 OF 2023
AGAINST THE ORDER/JUDGMENTWP(C) 29152/2022 OF HIGH COURT OF KERALA
PETITIONER/PETITIONER IN WPC:

             JAYENDRAN S
             AGED 64 YEARS
             S/O SHIVAN PILLAI MEMBER NO. 244 AND FORMER PRESIDENT
             THIRUVANANTHAPURAM DISTRICT TAXI DRIVERS CO-OPERATIVE
             SOCIETY T. NO. 723 FORT, THIRUVANANTHAPURAM
             RESIDING AT SHIVAPRADOSHAM, METHODU LANE, THAMALAM,
             POOJAPURA P.O., THIRUVANANTHAPURAM, PIN - 695012
             BY ADVS.
             N.ANAND
             RAJESH O.N.


RESPONDENT/S:

    1        S. SAJEEVAN
             GOKULAM, T 78 / 1406 /, PARUTHIKUZHI MANACAUD P.O.,
             THIRUVANANTHAPURAM, PIN - 695009
    2        K.S.BABURAJAN
             SHIVASHAILAM, T C NO. 28/1756 FRA 148A, FORT P.O.,
             THIRUVANANTHAPURAM, PIN - 695023
    3        SATHEESHAN, T.C. 43/1064-3 ASHWATHI BHAVANAM,
              VNRA - 27, MANACAUD P.O- THIRUVANANTHAPURAM, PIN -
             695009



             SRI. P C SASIDHARAN -FOR RESPONDENTS


     THIS    CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 1584 OF 2023               2



                                   JUDGMENT

This Contempt of Court Case has been filed on the allegation

that, in violation of the orders of this Court, the administrative

committee appointed for the management of the Thiruvananthapuram

District Taxi Drivers Co-operative Society had taken a decision to hold

elections to the Managing Committee of the Society on 20.08.2023.

2. Learned counsel appearing for the petitioners would

submit that the decision by the administrative committee was contrary

to the directions contained in the orders of this Court, which prohibits

the administrative committee from taking any decision on policy

matters.

3. By judgment in W.P.(C.) No.29152 of 2022, I have held

that the decision to hold elections is not a policy decision which the

administrative committee was prohibited from taking, in terms of the

interim orders in W.P.(C.) No.29152 of 2022. Therefore, in the light of

the findings in W.P.(C.) No.29152 of 2022, I am of the view that, no

case for initiating action under the Contempt of Courts Act has been

made out. The Contempt of Court Case is therefore dismissed.

Sd/-

GOPINATH P., JUDGE ajt

APPENDIX OF CON.CASE(C) 1584/2023

PETITIONER ANNEXURES ANNEXURE 1 CERTIFIED COPY OF THE ORDER DATED 06.09.2022 PASSED BY THIS HON'BLE COURT IN WP(C) NO.29152/2022 Annexure 2 A TRUE COPY OF THE ORDER DATED 17.03.2023 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 29152/2022 Annexure 3 A TRUE COPY OF THE ORDER DATED 11.04.2023 PASSED BY THIS HON'BLE COURT IN WP(C) NO. 29152/2022 Annexure 4 A TRUE COPY OF THE NOTIFICATION DATED 05.07.2023 ISSUED BY THE KERALA STATE CO- OPERATIVE ELECTION COMMISSION IN NO. OI/979/2023/E(2) SCEC