Kerala High Court
Thomas James vs R Jagadamma on 16 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Friday, the 16th day of February 2024 / 27th Magha, 1945
IA.NO.1/2024 IN CONTEMPT CASE(C) NO. 2875 OF 2023(S) IN WP(C) 34145/2023
APPLICANT/PETITIONER/WRIT PETITIONER:
THOMAS JAMES, AGED 57 YEARS, S/O. JAMES,
KUZHITHOTTATHIL [KUZHITHOTTIYIL] HOUSE, VALACHIRA,
KADUTHURUTHY POST OFFICE, KOTTAYAM DISTRICT,
PIN CODE - 686 604.
RESPONDENTS/RESPONDENTS/RESPONDENTS 3 AND 4:
1. R JAGADAMMA, W/O RAVEENDRANATH, THE PRESIDENT, KAPPUMTHALA SERVICE
COOPERATIVE BANK LIMITED NO. 142, MUTTUCHIRA POST, KOTTAYAM
DISTRICT, PIN CODE - 686 613.
2. LISSY MOL GEORGE, W/O. SHAJI JOSEPH, THE SECRETARY, KAPPUMTHALA
SERVICE COOPERATIVE BANK LIMITED NO. 142, MUTTUCHIRA POST, KOTTAYAM
DISTRICT, PIN CODE - 686 613.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to re-open the above
Contempt of Court petition to rehear the same and proceed against the
respondents in accordance with law.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this Court's judgment dated
23/01/2024 and upon hearing the arguments of M/S. ARUN CHANDRAN,
HARIMOHAN, ANJALY T.A & ASWATHY S MENON, Advocates for the petitioner in
IA/COC and of SRI.GEORGE POONTHOTTAM (SENIOR ADVOCATE) along
with SMT.NISHA GEORGE, Advocate for the respondents in IA/COC, the court
passed the following:
P.T.O.
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
Cont.Case (C) No.2875 of 2023
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Dated this the 16th day of February 2024
ORDER
This is an application to re-open the Contempt Case.
2. By order dated 23.1.2024, this Court had closed the
Contempt Case, holding that the respondents have practically complied
with the directions issued by this Court.
2. Sri. Arun Chandran, the learned counsel appearing for the
petitioner, submitted that this Court while disposing of the matter, had
directed the respondents 3 and 4 in the writ petition to give effect to the
orders passed by the Joint Registrar as confirmed by the Tribunal. It is
submitted that in the letter produced in the Contempt Case, the post to
which the petitioner has been reinstated is not mentioned. It is stated
that the intention of the respondents is to reinstate the petitioner to an
inferior post.
I.A No.1 of 2024 in
3. The learned counsel appearing for the respondents
submitted that the application for re-opening the contempt is not
maintainable under law. He would point out that this Court had only
directed respondents 3 and 4 to give effect to the orders passed by the
Joint Registrar as confirmed by the Tribunal if the order has not been set
aside or varied. It is submitted that challenging the order passed by the
Tribunal, the respondents have preferred W.P.(C) No.5944 of 2024, and
the same is pending.
4. In response, Sri. Arun Chandran submitted that though a
writ petition has been filed, no interim order has been granted.
5. Having considered the submissions, I am of the view that in
the Contempt Case, all that was ordered is that the order passed by the
Joint Registrar as confirmed by the Tribunal be implemented if the same
has not been varied or set aside. A letter has been issued by the
respondents requesting the petitioner to join. The petitioner assumes
that he would be reinstated only in an inferior post. If that be the case, it
would always be open to the petitioner to challenge the same in
appropriate proceedings. This Court while disposing of the matter had no
I.A No.1 of 2024 in
occasion to delve into those aspects. If the respondents are acting in
violation to the orders passed by the Tribunal or of the Joint Registrar, it
is for the petitioner to mount a challenge in appropriate proceedings. I
find no reason to reopen the contempt case.
This application is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
Sru
16-02-2024 /True Copy/ Deputy Registrar
