IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Con.Case(C).No. 1218 of 2011(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23523/2011 Dated 29/08/2011 .................... PETITIONER/ PETITIONER : --------------------------------------- K.SASI, S/O.KRISHNAN, KALLITHODI HOUSE, THEKKANKUTTOOR POST, PIN-676551, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENTS/ RESPONDENTS -------------------------------------------- 1. MR.P.T.JAYADEVAN, S/O.K.C.KRISHNAN NAIR, ABAYAM HOUSE, B.P.ANGADI P.O., TIRUR TALUK, MALAPPURAM DISTRICT, THE PRESENT SECRETARY TO THE THALAKKAD SERVICE CO-OPERATIVE BANK LTD., VENGALUR POST, PIN-676102, B.P.ANGADI, TIRUR TALUK, MALAPPURAM DISTRICT. 2. KUNNATH UNNIKRISHNAN NAIR, S/O.PARVATHIKUTTY AMMA, KUNNATH HOUSE, THEKKANKUTTOOR POST, TIRUR TALUK, MALAPPURAM DISTRICT, THE PRESENT PRESIDENT OF THE THALAKKAD SERVICE CO-OP. BANK LTD., VENGALUR POST, 676102, B.P.ANGADI, TIRUR TALUK, MALAPPURAM DISTRICT. ADV. SRI.M.SASINDRAN FOR R2 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CCC No.1218/2011 APPENDIX PETITIONER'S EXHIBITS ANNEXURE 1 A TRUE COPY OF THE INTIMATION AND ACKNOWLEDGMENT GIVEN BY ONE OF THE DIRECTOR OF THE RESPONDENT BANK. ANNEXURE 2 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS DATED 20/9/2011 IN WPC.23523/2011. ANNEXURE 3 A TRUE COPY OF THE CERTIFICATION GIVEN BY BANK DIRECTOR HEREIN MR.KUNHALIKUTTY DATED 30/8/2011. RESPONDENT'S' EXHIBITS ANNEXURE R2(a) A TRUE COPY OF THE APPOINTMENT ORDER DATED 29/8/2009 ISSUED TO THE CANDIDATES. ANNEXURE R2(b) A TRUE COPY OF THE MINUTES OF THE MEETING DATED 29/8/2011. /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- Contempt Case (C) No. 1218 OF 2011 -------------------------- Dated this the 15th day of December, 2011 J U D G M E N T This contempt case is filed alleging that the respondents herein who are the Secretary and President respectively of a co- operative society have willfully violated the interim order passed by this Court on 29.8.2011 in W.P.(C) No. 23523 of 2011. It is contended that though this Court had by the said order stayed further proceedings and appointments pursuant to the examination and interview held on 27.8.2011 by the society and a copy of the order was served on one of the members of the Board of Directors of the society on 30.8.2011, three persons were appointed and they joined duty on 31.8.2011. Relying on the averments in the counter affidavit filed in the writ petition wherein the interim order was passed, it is contended that the appointment order was sent by speed post on 29.8.2011 after the interim order of stay was passed and that the appointees joined duty on 31.8.2011. 2. The second respondent has filed a counter affidavit wherein it is stated that a copy of the interim order passed by COC No.1218/2011 2 this Court was communicated to the President and Secretary only on 1.9.2011. It is stated that 30.8.2011 was a holiday on account of Ramzan, that even on the next day the petitioner did not serve a copy of the order on the bank, instead he served a copy to one of the members of the Board of Directors who is not on good terms with the second respondent and that a copy of the order was received by the President of the society by post only on 1.9.2011. The petitioner has not filed a reply affidavit disputing these averments. The petitioner has also not stated in the contempt case that a copy of the order passed by this Court was communicated to the respondents either in person or by post prior to 30.9.2011. In such circumstances, I am of the considered opinion that the petitioner has failed to prove prima facie that the respondents have willfully disobeyed the interim order passed by this Court. I therefore find no grounds to proceed further with this contempt case. It is accordingly closed. P.N.RAVINDRAN, (JUDGE) vps COC No.1218/2011 3