IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Con.Case(C).No. 705 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN W.P(C).11415/2008 DATED 03/04/2008 .................... PETITIONER:- ------------- YUSUF.P., S/O.ENU, AGED 47 YEARS, PARAKKAL HOUSE, KANDAMANGALAM, MANNARKKADCOLLEGE P.O., PALAKKAD DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------ 1. SHRI.MOIDEEN, S/O.HANEEFA, AGED 5O YEARS, PADUVIL HOUSE, ARIYOOR P.O., MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN-678 583, (PRESENTLY WORKING AS SECRETARY, ARIYOOR SERVICE CO-OPERATIVE BANK LTD., ARIYOOR P.O., MANNARKKAD, PALAKKAD DISTRICT. 2. SHRI.T.A.SIDDIQUE, S/O.MOHAMMED, AGE NOT KNOWN TO THE PETITIONER), PRESIDENT, ARIYOOR SERVICE CO-OPERATIVE BANK LTD., ARIYOOR P.O., MANNARKKAD, PALAKKAD DISTRICT, RESIDING AT THOTTAKKARA HOUSE, MANNARKKAD TALUK, PALAKKAD DISTRICT. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), CIVIL STATION, ARIYOOR P.O., PALAKKAD-678 583. BY ADV.SRI.V.M.KURIAN - R1 SRI.MATHEW B. KURIAN - R1 SRI.K.T.THOMAS - R1 SMT. SUDHA DEVI, GOVERNMENT PLEADER THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ======================== Contempt Case(C) .No. 705 of 2008 ======================== Dated this the 18th day of June, 2008. J U D G M E N T The petitioner has filed this contempt case alleging violation of my interim order dated 3/4/2008 in W.P.(C) No. 11415 of 2008. By that order, I directed that appointments shall not be made except with the concurrence of the jurisdictional Joint Registrar of Co-operative Society. The petitioner filed this contempt case on the contention that by Annexure-4 order the Joint Registrar has directed the society to stop all steps for appointments until further orders. The contempt case was filed on the premise that in view of Annexure-4 order there is no approval by the Joint Registrar and therefore the appointments made are in violation of the interim order. Respondents 1 and 2 have filed a counter affidavit along with which they have produced an order dated 5/5/2008 issued by the Joint Registrar of Co-operative Societies (General), Palakkad by Contempt Case(C) .No. 705Of 2008 - 2 - which the bank was given permission to make appointments in accordance with the orders of this court and the Co- operative Societies Act and Rules as also circulars issued by the Registrar of Co-operative Societies. That being so, I am of opinion that the appointments were made with approval from the Joint Registrar and therefore there is no violation of the interim order. Therefore, without prejudice to right of the petitioner to challenge the order dated 5/5/2008 and also without prejudice to the contentions of the petitioner in the writ petition, the contempt case is closed. S.SIRI JAGAN, JUDGE rhs