R.Madhu Kumar vs Sarath.N.S, The Secretary, ...
2023 Latest Caselaw 6985 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                     CON.CASE(C) NO. 727 OF 2023
 AGAINST THE JUDGMENT DATED 18.10.2022 IN WP(C) 9803/2022 OF HIGH
                           COURT OF KERALA
PETITIONER/PETITIONER:

            R.MADHU KUMAR, AGED 65 YEARS, S/O RAGHAVANPILLAI,
            CHITHRANJALI (MANNARETHU KIZHAKKATHIL), KATTACHIRA,
            PALLIKCAL P.O, ALAPPUZHA - 690 503.

            BY ADVS.P.N.MOHANAN
            C.P.SABARI
            AMRUTHA SURESH
            GILROY ROZARIO


RESPONDENTS:

    1       SARATH.N.S, (FATHER'S NAME AND AGE NOT KNOWN TO THE
            PETITIONER), THE SECRETARY, MAVELIKKARA PRIMARY
            CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK
            LTD.NO.A.836, MAVELIKKARA P.O, ALAPPUZHA- 690101,
            RESIDING AT ALAPPUZHA.

    2       ADV.HARISANKAR, AGED 80 YEARS, S/O GOPALAKRISHNAKURUP,
            THE PRESIDENT, THE MANAGING COMMITTEE OF MAVELIKKARA
            PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
            BANK LTD.NO.A.836, MAVELIKKARA P.O, ALAPPUZHA- 690101.
            RESIDING AT ALAPPUZHA.

    3       ANJANA.S, AGED 51 YEARS, (FATHER'S NAME NOT KNOWN TO
            THE PETITIONER), THE SECRETARY,
            KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD,
            JAWAHAR SAHAKARANA BHAVAN, 7TH FLOOR, DPI JUNCTION,
            THYCAUD P.O., THIRUVANANTHAPURAM - 695014,
            RESIDING AT THIRUVANANTHAPURAM.

            BY ADVS.K.J.VINCENT PIOUS
            V N SANKARJEE
            M.SASINDRAN

     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 727 OF 2023
                                     -2-

                               JUDGMENT

When this matter was called today,

Sri.V.N.Sankarjee - learned counsel for the

respondents, submitted that Annexure A2 will be

withdrawn and a fresh one issued, specifically

deciding whether claim of the petitioner is

tenable as per law. He, however, added that

Society is going through extreme financial

crisis and therefore, that they will not be in a

position to pay off the petitioner, even if the

benefits are found to be in his favour.

2. I am afraid that the afore stand of

Sri.V.N.Sankarjee cannot find my favour because,

as per the judgment, the competent respondent

was directed to specifically consider the

eligibility of the petitioner. Once eligibility

is so found, then all consequential action will

have to follow.

3. I am, therefore, of the firm view that CON.CASE(C) NO. 727 OF 2023

Annexure A2 cannot find my favour; and that it

must be reconsidered by the competent Authority,

so as to purge the contempt that, prima facie,

he seems to be facing.

In the afore circumstances, I close this

contempt case, recording the undertaking of

Sri.V.N.Sankarjee, that Annexure A2 will be

withdrawn and a fresh proceeding issued,

implicitly following the directions in the

judgment of this Court; which shall be done not

later than two weeks from the date of receipt of

a copy of this judgment.

Needless to say, the petitioner will be at

full liberty to file a fresh contempt case,

subsequent to the afore exercise.

Sd/-

DEVAN RAMACHANDRAN akv JUDGE CON.CASE(C) NO. 727 OF 2023

APPENDIX OF CON.CASE(C) 727/2023

PETITIONER ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF THE JUDGMENT DATED 18.10.2022 IN W.P.(C).NO.9803/2022.

ANNEXURE A2 A TRUE COPY OF THE ORDER DATED 28.12.2022 OF THE FIRST RESPONDENT.

RESPONDENT ANNEXURES

ANNEXURE R1(A) TRUE COPY OF THE NOTICE NO. 304/22-23 DATED 27.10.2022 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT IN THE WRIT PETITION