Prakash. B.P. vs Mony Roy

Type Court Judgment Court Kerala Decided Feb 08, 2022

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https://sooperkanoon.com/case/1441420

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Citation: sooperkanoon.com/1441420
Court: Kerala High Court
Judge: Honourable Mr. Justice Sathish Ninan
Decided On: Feb 08, 2022
Case Number: Con.Case(C)/91/2022

Parties & Advocates

Appellant / Petitioner

Prakash. B.P.

Respondent

Mony Roy

Excerpt

.....beegom aged 52 years diary extension officer, pandalam, pandalam p.o, pathanamthitta district 689 501 by advs. d.kishore meera gopinath r.muraleekrishnan (malakkara) arya joseph this contempt of court case (civil) having come up for admission on 08.02.2022, the court on the same day delivered the following:sathish ninan, j.cont. case (c) no.91 of 2022 inorder dated 20.12.2021 in w.p.(c) no.29437 of 2021dated this the 8th day of february, 2022j u d g m e n tpetitioner seeks initiation of contempt proceedings alleging violation of the interim order dated 20.12.2021. the order reads thus:- “if the petitioners have not been removed from membership, they shall be permitted to participate in the annual general body scheduled on 21.12.2021.”2. respondents 1 and 2 have filed a counteraffidavit. it is stated therein that, 43 persons including the petitioner were removed from the membership of the society with effect from 01.12.2021 after complying with the procedures under rule 16(3) of the kerala co-operative societies rules. annexure-r1(a) is the copy of the minutes of the managing committee dated 01.12.2021 in the said regard. cont. case (c) no.91 of 2022 -: 2 :-3. in the light of the above, no case of contemptis made out. if the petitioner is aggrieved by the orderof removal from membership, it is open for him to challenge the same in appropriate proceedings before the appropriate forum. contempt case is accordingly, closed. sd/- sathish ninan judge kns/- //true copy// p.s. to judge appendix of con.case(c) 91/2022 petitioner annexures annexure 1 certified copy of the order in w.p(c0 no. court annexure 2 true copy of the order in w.p9c0 no. court.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN TUESDAY, THE 8TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943 CON.CASE(C) NO. 91 OF 2022 AGAINST THE ORDER IN WP(C) 29437/2021 OF HIGH COURT OF KERALA PETITIONER/1ST PETITIONER: PRAKASH. B.P. AGED 54 YEARS S/O. BHASKARAN, PLAVILAYIL, PARANTHAL PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD NO. PT12(D) (APCOS), BY ADV K.K.SETHUKUMAR RESPONDENTS/RESPONDENTS 1, 2, & 4: 1 MONY ROY AGED 51 YEARS SECRETARY, PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD 2 LISSY MATHAI AGED 55 YEARS PRESIDENT, PARANTHAL KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD 3 SABITHA BEEGOM AGED 52 YEARS DIARY EXTENSION OFFICER, PANDALAM, PANDALAM P.O, PATHANAMTHITTA DISTRICT 689 501 BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA) ARYA JOSEPH THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
Cont. Case (C) No.91 of 2022 in

Order dated 20.12.2021 in W.P.(C) No.29437 of 2021

Dated this the 8th day of February, 2022

J U D G M E N T

Petitioner seeks initiation of contempt proceedings alleging violation of the interim order dated 20.12.2021. The order reads thus:- “If the petitioners have not been removed from membership, they shall be permitted to participate in the Annual General Body scheduled on 21.12.2021.”

2. Respondents 1 and 2 have filed a counter

affidavit. It is stated therein that, 43 persons including the petitioner were removed from the membership of the Society with effect from 01.12.2021 after complying with the procedures under Rule 16(3) of the Kerala Co-operative Societies Rules. Annexure-R1(a) is the copy of the minutes of the Managing Committee dated 01.12.2021 in the said regard. Cont. Case (C) No.91 of 2022 -: 2 :-

3. In the light of the above, no case of contempt

is made out. If the petitioner is aggrieved by the order

of removal from membership, it is open for him to challenge the same in appropriate proceedings before the appropriate forum. Contempt Case is accordingly, closed. Sd/- SATHISH NINAN JUDGE kns/- //True Copy// P.S. to Judge APPENDIX OF CON.CASE(C) 91/2022 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE ORDER IN W.P(C0 NO. COURT Annexure 2 TRUE COPY OF THE ORDER IN W.P9C0 NO. COURT.

Same Court & Year Kerala · 2022 Same Parties Prakash. B.P. vs Mony Roy Same Judge Honourable Mr. Justice Sathish Ninan