Kerala High Court
The Manager vs Mohanan S on 20 February, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
1
Contempt Appeal (C)No.4 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
CON.APP(C)NO.4 OF 2022
ARISING FROM THE JUDGMENT DATED 05.07.2022 IN CON.CASE(C)NO.1199 OF
2021 IN W.P.(C)No.4560 OF 2020 OF HIGH COURT OF KERALA
APPELLANT/ADDL. 3RD RESPONDENT:
THE MANAGER,
KERALA STATE CO-OPERATIVE BANK, ERNAKULAM UNIT,
PIN - 682016
BY ADV P.C.SASIDHARAN
RESPONDENTS/PETITIONER, 1ST RESPONDENT & ADDL.2ND RESPONDENT:
1 MOHANAN S.,
AGED 53 YEARS, S/O. VASUDEVAN, PURTHURETHU HOUSE,
OLAKETTIYAMBALAM P.O, ALAPPUZHA DT., PIN - 690510
2 JAYAKUMARI,
THE SECRETARY, THE KERALA STATE DEFENCE SERVICES CO-
OPERATIVE HOUSING SOCIETY LTD., ANJIPARAMBIL BUILDINGS,
ANANAD BAZAR, SOUTH RAILWAY STATION ROAD, ERNAKULAM,
PIN-682 016
3 ADDL. R2-SARATH SIVANANDAN,
ADMINISTRATOR, THE KERALA STATE DEFENSE SERVICES CO-
OPERATIVE HOUSING SOCIETY LTD., ANJIPARAMBIL BUILDINGS,
ANAND BAZAR, SOUTH RAILWAY STATION ROAD, ERNAKULAM,
PIN - 682016
BY ADVS.
SUNNY XAVIER
JOHN JOSEPH(ROY)
M.R. NANDAKUMAR M.R.
MAYIKA SUNDAR(K/000929/2020)
ARJUN ANIL(K/000637/2021)
ASIN V.S.(K/001865/2022)
THIS CONTEMPT APPEALS (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
Contempt Appeal (C)No.4 of 2022
JUDGMENT
Anil K. Narendran, J
The appellant, who was impleaded as additional 3rd
respondent in Cont. Case (C)No.1199 of 2021, arising out of the
judgment of the learned Single Judge dated 11.01.2021 in
W.P.(C)No.4560 of 2020, has filed this contempt appeal, invoking
the provisions under Section 19(1) of the Contempt of Courts
Act, 1971, challenging that judgment dated 11.01.2021 in
W.P.(C)No.4560 of 2020 (Annexure C) and the order dated
05.07.2022 in Cont. Case (C)No.1199 of 2021 (Annexure D),
whereby the contempt petition was closed with a direction to the
Registrar of Co-operative Societies to execute necessary release
deed in favour of the 1st respondent herein (writ petitioner), in
view of the fact that the entire dues have already been cleared. It
was made clear that if Kerala State Defence Services Co-operative
Housing Society has not remitted the amount to Kerala State Co-
operative Bank, Annexure D order will not come in the way of the
bank in initiating recovery steps against the Housing Society, in
accordance with law.
2. This appeal is one filed along with C.M. Application No.1
of 2022 for condonation of filing delay of 23 days, which was
Contempt Appeal (C)No.4 of 2022
condoned by the order dated 08.12.2022. On that day, notice in
the contempt appeal was issued to respondents 1 to 3 by speed
post. While ordering the appeal to be listed on 12.01.2023, this
Court granted an interim stay, which reads thus;
"In the meanwhile, there will be a stay of the direction in the
impugned judgment that directs the Joint Registrar of Co-
operative Societies, to execute the release deed in respect of
the document of title submitted by the first respondent at the
time of availing loan from the Kerala State Defense Services
Co-operative Housing Society Ltd, which was re-financed by
the District Co-operative Bank, Ernakulam on the security of
the title deed furnished by the first respondent."
3. Heard the learned counsel for the appellant, the
learned counsel for the 1st respondent and also the learned
counsel for the 3rd respondent, who was the Administrator of the
Housing Society.
4. During the course of arguments, it is submitted by the
learned counsel for the appellant and also the learned counsel for
the 1st respondent that the title deed of the 1st respondent has
already been released on 28.09.2022, even before the filing of this
contempt appeal and the 3rd respondent, the then Administrator
of Kerala State Defence Services Co-operative Housing Society has
already executed a release deed on 28.09.2022.
Contempt Appeal (C)No.4 of 2022
5. Having considered the submissions made at the Bar, we
find that the appellant cannot challenge Annexure C judgment of
the learned Single Judge dated 11.01.2021 in W.P.(C)No.4560 of
2020 in this contempt appeal filed under Section 19(1) of the
Contempt of Courts Act, for which the appellant ought to have filed
a writ appeal under Section 5 of the Kerala High Court Act. Insofar
as the challenge made against Annexure D order is concerned,
though we find that the direction contained in Annexure D
judgment in Cont. Case (C)No.1199 of 2021 was beyond the scope
of contempt jurisdiction, considering the fact that, in terms of that
direction, the title deed of the 1st respondent has already been
released and a release deed has also been executed by the 3 rd
respondent, who was the then Administrator of the Housing
Society, we decline interference on Annexure D order dated
05.07.2022 of the learned Single Judge.
The contempt appeal fails for the aforesaid reason and the
same is accordingly dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
G. GIRISH, JUDGE
MIN
Contempt Appeal (C)No.4 of 2022
APPENDIX OF CON.APP(C) 4/2022
PETITIONER ANNEXURES
ANNEXURE A TRUE COPY OF THE RESOLUTION NO.45 DATED
25/01/2014 OF THE HOUSING SOCIETY FOR
GRANTING LOAN ALONG WITH ITS ENGLISH
TRANSLATION
ANNEXURE B TRUE COPY OF THE CONSENT LETTER GIVEN BY
THE HOUSING SOCIETY ALONG WITH ITS
ENGLISH TRANSLATION
ANNEXURE C TRUE COPY OF THE JUDGMENT DATED
11/1/2021 IN W.P(C) NO. 4560/2020
ANNEXURE D CERTIFIED COPY OF THE JUDGMENT IN CON.
CASE NO.1199 OF 2021 DATED 5/07/2022
RESPONDENT ANNEXURES
ANNEXURE R3(A) A TRUE COPY OF THE RELEASE DEED EXECUTED
IN FAVOUR OF 1ST RESPONDENT
ANNEXURE R3(B) A TRUE COPY OF THE PROPOSAL SENT BY
ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KANAYANNUR
