Binu K.G vs Sajan Philip
2024 Latest Caselaw 26341 Ker

Kerala High Court

Binu K.G vs Sajan Philip on 3 September, 2024

Author: P Gopinath

Bench: P Gopinath

                                                                   2024:KER:66747
Con. Case (C) No.1692/2024             -1-

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA, 1946

                        CON.CASE(C) NO. 1692 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.24441 OF 2023 OF

HIGH COURT OF KERALA

PETITIONER/S:

    1        BINU K.G
             AGED 53 YEARS
             S/O. GOPALAKRISHNA PILLAI, KOIKKALETHU HOUSE, OMALLUR,
             VAZHAMUTTOM P.O, PATHANAMTHITTA, PIN - 689647

    2        RESHMI RAMACHANDRAN,
             AGED 44 YEARS
             W/O. BINU K.G KOIKKALETHU HOUSE, OMALLUR, VAZHAMUTTOM
             P.O, PATHANAMTHITTA, PIN - 689647


             BY ADV S.ABDUL RAZZAK


RESPONDENT/S:

             SAJAN PHILIP
             AGED 55 YEARS
             THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (GENERAL), PEN 335833, DEPARTMENT OF CO-OPERATION, MINI
             CIVIL STATION, PATHANAMTHITTA DIST, PIN - 689645


             BY ADV ADVOCATE GENERAL OFFICE KERALA


     THIS    CONTEMPT    OF   COURT    CASE     (CIVIL)   HAVING    COME   UP   FOR
ADMISSION ON 03.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                                 2024:KER:66747
Con. Case (C) No.1692/2024             -2-


                                JUDGMENT

When this contempt of court case is taken up for consideration today, it

is the submission of the learned Senior Government Pleader that pursuant to

the directions issued by this court the Joint Registrar has passed an award /

order on 19-07-2024. It is stated that the Secretary of the Society (2 nd

respondent in W.P (C) No.24441/2023) has however informed that the

amounts adjudicated as due to the petitioner will be paid once the financial

condition of the society improves.

2. Having considered the submission of the learned Senior

Government Pleader, I am of the view that once an award has been passed in

terms of the provisions contained in Section 69 of the Kerala Co-opearive

Societies Act, 1969 and if the award is not complied with, it is for the

petitioner to seek execution of the award in accordance with the law. With

these observations, this contempt of court case is closed, reserving liberty of

the petitioner to seek execution of the award of the Joint Registrar.

Sd/-

GOPINATH P. JUDGE

AMG 2024:KER:66747

APPENDIX OF CON.CASE(C) 1692/2024

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF ON JUDGMENT DATED 23-08

-2023 IN W.P (C). NO.24441 /2023 OF THIS HONOURABLE COURT