IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Con.Case(C).No. 259 of 2011(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.23736/2004 Dated 17/09/2009 .................... PETITIONER(S): --------------- 1. ACHAMMA NINAN,W/O.M.C.NINAN, AGED 66 YEARS,C-13,ASHOKA MARINIE DRIVE, ERNAKUAM,PIN-682031 2. CHERIAN M.NINAN, S/O.M.C.NINAN, AGED 35 YEARS, C-13,ASHOKA, MARINIE DRIVE, ERNAKUAM,PIN-682031 3. LIZA NINAN, D/O.M.C.NINAN, AGED 33,C-13,ASHOKA MARINIE DRIVE, ERNAKUAM,PIN-682031 BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- A.NAJUMUNEEZA,D/O.P.S.ABDUL RAHIMAN, AGED 52 YEARS,JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)WAYANADU, KALPPATTA, WAYANADU DISTRICT, PIN-673121 GOVT. PLEADER SHRI.D.SOMASUNDARAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== Contempt Case (C).No. 259 of 2011 ================== Dated this the 5th day of September, 2011 J U D G M E N T The petitioners complain of non-compliance with the direction in Annexure 1 judgment, the operative portion of which reads thus: “2. Originally the 12th respondent took the stand that the criminal cases are pending in the matter of misappropriation by the members of the managing committee of the society. It appears that the criminal cases were disposed of on 30.5.2007 and criminal appeal No.136/2007 is pending before the Sessions Court. The stand now taken by the 12th respondent is that at present there is no money with the society for payment to the petitioners. In the additional affidavit dated 9.7.2008 various measures for reviving the society are stated. Still nothing is stated as to when the petitioners would get their amount. I am of opinion that the Joint Registrar has a duty to see that the society returns the money to the petitioners, especially in view of Ext.P3 judgment which has become final. In the above circumstances, this writ petition is disposed of with a direction to the 12th respondent to see that the society pays the money due to the petitioners in respect of their fixed deposits as expeditiously as possible, at any rate, within six months from the date of receipt of a certified copy of this judgment.” 2. The learned Government Pleader submitted that an amount of ` 10,000/- due to the 3rd petitioner has already been paid and further amounts could not be paid to petitioners 1 and 2 for want of legal heirship certificate, since the deposit is in the name of Sri.M.C.Nainan, their predecessor-in-interest. The petitioners do not dispute the fact that the amount due to the 3rd petitioner has been paid and the amounts due to petitioners 1 and 2 are pending because of non-production of legal heirship certificate. Their case is that they have already applied for legal heirship certificate. In such circumstances, I c.o.c.259/11 2 do not think that there is any reason to initiate proceedings for contempt of court against the respondents at least for the present. Therefore, without prejudice to the right of the petitioners to file a fresh contempt case, if petitioners 1 and 2 do not get the amounts even after production of legal heirship certificates, this contempt case is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge