IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Con.Case(C).No. 1498 of 2009(S) ---------------------------------------------- (THE JUDGEMENT IN W.P.(C).NO.32813/2008 OF THIS HON'BLE COURT) .................... PETITIONER: ------------------- M.B.SATHYAN, AGED 48 YEARS, S/O.M.N.BHASKARAN, CHAIRMAN, CIRCLE CO-OPERATIVE UNION, KOZENCHERRY, RESIDING AT MAVUNILKKUNNATHIL, ELANTHOOR EAST P.O. BY ADV. SRI.V.SETHUNATH. RESPONDENTS: ------------------------ 1. SMT.RANI GEORGE, I.A.S, (AGE AND MOTHER'S NAME NOT KNOWN TO THE PETITIONER), THE REGISTRAR OF CO-OPERATIVE SOCIETIES, REGISTRAR'S OFFICE, NEAR CENTRAL STADIUM, THIRUVANANTHAPURAM. 2. SMT.M.K.RADHAMANI, AGED 54 YEARS, (MOTHER'S NAME NOT KNOWN TO THE PETITIONER), THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MINI CIVIL STATION, PATHANAMTHITTA. 3. MR.K.K.THAMPAN, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER), THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZENCHERRY & EX OFFICIO SECRETARY TO THE CIRCLE CO-OPERATIVE UNION, KOZENCHERRY. 4. MR.K.C.MATHEW, (AGE & FATHER'S NAME NOT KNOWN TO THE PETITIONER), THE DEPUTY REGISTRAR (ADMINISTRATION) & SPECIAL OFFICER IN CHARGE OF THE CIRCLE CO-OPERATIVE UNION, KOZENCHERRY, MINI CIVIL STATION, PATHANAMTHITTA. R1 TO R4 BY SPL. GOVERNMENT PLEADER SMT. ANU SIVARAMAN. THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------- Cont. Case No.1498 of 2009 -------------------------- Dated this the 31st August, 2010 J U D G M E N T Ramachandran Nair, J. Heard the learned counsel appearing for the petitioner and learned Special Government Pleader appearing for the respondents. 2. The allegation is that there was inordinate delay in complying with Annexure 1 judgment dated 24.11.2008, where under, this Court ordered election to be held to the interim vacancies of the members of the Circle Co- operative Union. 3. According to the respondents, the Court has not fixed any time limit for holding the election but direction was to hold election, at the earliest. Respondents case is that during general election announced after judgments all the Government Officers were engaged in election duty and therefore there was delay in holding the election to the Circle Union. Strangely the petitioner after obtaining Annexure 1 judgment dated 24.11.2008 filed another Writ Cont. Case No.1498 of 2009 2 Petition before this Court and this Court vide Annexure 2 judgment dated 6.7.2009 issued further directions in regard to the conduct of election. In fact, the election was held on 19.8.2009 pursuant to the directions contained in Annexures 1 and 2 judgments. 4. Petitioner's case is that even after the conduct of election and declaration of results members were allowed to join only on 8.2.2010. This is stated to be on account of delay in notifying the constitution of the Circle Union by the Government. 5. Even after the petitioner obtained two judgments from this Court, of course, there were lapses on the part of the respondents in regard to the conduct of election and re-installation of the elected members. However, petitioner also has contributed to it because specific directions on time limit were not sought for and obtained from this Court even though two writ petitions were filed. Cont. Case No.1498 of 2009 3 From the materials produced, we are not able to find any contempt on the part of the respondents. Accordingly, the Contempt of Court Case is dismissed. C.N.RAMACHANDRAN NAIR JUDGE K.SURENDRA MOHAN JUDGE ma