IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Con.Case(C).No. 107 of 2006(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.10303/2005 Dated 30/05/2005 .................... PETITIONER(S): PETITIONERS -------------------------- 1. T.C.JACOB, S/O.CHERIAN, AGED 30 YEARS, THOPPIL ESTATE, P.O.VADUVANCHAL, WAYANAD. 2. T.J.CHERIAN, S/O.JACOB, AGED 56 YEARS, THOPPIL ESTATE, P.O.VADUVANCHAL, WAYANAD. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------- MR.SUBRAMANIAN, AGED 53 YEARS, (FATHER'S NAME NOT KNOWN TO THE PETITIONER), GENERAL MANAGER IN CHARGE, THE NORTH MALABAR DISTRICT CO-OPERATIVE SUPPLY AND MARKETING SOCIETY LTD., CALICUT. ADV. SRI.T.R.HARIKUMAR THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- Cont. Case (C).No.107 OF 2006 ------------------------------------------- Dated this the 17th day of July, 2009 JUDGMENT This contempt of court case is filed on the basis of a direction issued on 30.2.2005 to disburse certain amounts on the basis of an undertaking given on behalf of a co-operative bank, which, even going by the judgment, had pleaded that it is facing severe financial crisis. The respondent in this contempt case was the General Manager in charge of that establishment. He is now not even in the service. Whatever that be, learned counsel for the petitioner points out that the establishment had released the amounts due to the petitioner in C.O.C.No.1197/06. May be that is so. But I do not find any ground to continue with this contempt of court case instituted in 2006 since there is no case of willful negligence, neglect or default in obeying the direction. Learned counsel who represents the respondent states that now, there is an elected committee in office and it would be for them to take action to disburse amounts due to the petitioner. This COC.107/06 Page numbers matter is hence closed without prejudice to the petitioner seeking relief elsewhere. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.18/7.