IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Con.Case(C).No.1512 of 2006(S) ----------------------------------------------------- ARISING OUT OF THE ORDER IN W.P.(C).3308/2005 DATED 31.01.2005. .................... PETITIONER:- -------------------- N.PEETHAMBARAN, S/O.NANOO, AGED 54 YEARS, KANICHARY KIZHAKKATHIL, THAZHATHECHERRY, KOOTTIKKADA P.O., KOLLAM. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS:- ------------------------ 1. B.REGHUNATHAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 2. M.SASIDHARAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. 3. C.AMMINIAMMA, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, UMAYANALLOOR SERVICE CO-OPERATIVE BANK LTD. NO.3034, UMAYANALLOOR, KOLLAM DISTRICT. 4. H.A.MAJEED, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, PRESIDENT, UMAYANALLOOR SERVICE CO-OPERATIVE BANK LTD. NO.3034, UMAYANALLOOR, KOLLAM DISTRICT. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN. R3 & R4 BY STANDING COUNSEL SRI.M.V.THAMBAN. THIS CONTEMPT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu, C.J. & A.K.Basheer, J. ---------------------------------------------- Cont.Case (C).No.1512 of 2006-S ---------------------------------------------- Dated, this the 24th November, 2008 JUDGMENT H.L.Dattu,C.J. The allegation of the complainant in this contempt petition is, that, the respondents, in particular - the Umayanalloor Service Co-operative Bank Ltd. (“Society” for short), have disobeyed the interim orders passed by this Court in W.P.(C).No.3308 of 2005, dated 31.01.2005. (2) In the writ petition filed, the petitioner had called in question Exhibit P3 order passed by the Joint Registrar of Co-operative Societies to re-arrange the seniority list of the employees of the Society. By Exhibit P4 order, the competent authority has rejected the Exhibit P2 application filed by the Society, seeking exemption of the graduate qualification of the petitioner. (3) The interim prayer sought in the writ petition was, to stay all further proceedings pursuant to Exhibits P3 and P4 orders passed by the respondents. (4) In the contempt petition filed, there is no averment with regard to the date of service of the interim orders on the responsible Cont.Case (C).No.1512/2006-S - 2 - person of the Society. In the absence of such an averment, it cannot be said, that, the respondents were fully aware of the interim orders of this Court and in spite of the knowledge of the interim orders, they have wilfully and deliberately disobeyed the interim orders issued by this Court. In that view of the matter, we do not intend to take cognizance of this contempt petition. Accordingly, the contempt petition is closed. (5) However, we reserve liberty to the petitioner to take all such contentions which are available to him, in the writ petition. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/- Judge