High Court Kerala High Court

Sri.Murali K.Sreedhar vs Lambodaran Nair.P.K on 23 July, 2010

Kerala High Court
Sri.Murali K.Sreedhar vs Lambodaran Nair.P.K on 23 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 685 of 2010(S)


1. SRI.MURALI K.SREEDHAR,SREEDHARA COLLEGE,
                      ...  Petitioner

                        Vs



1. LAMBODARAN NAIR.P.K,IPS (RETIRED),
                       ...       Respondent

                For Petitioner  :SRI.JOSE JOSEPH ARAYAKUNNEL

                For Respondent  :SRI.N.NANDAKUMARA MENON (SR.)

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :23/07/2010

 O R D E R
                     ANTONY DOMINIC, J.
                    ================
          Contempt Case (C) NO. 685 OF 2010 (S)
         ============================

            Dated this the 23rd day of July, 2010

                        J U D G M E N T

In this petition, what is complained of is non compliance

with the directions in Annexure 1 judgment in WP(C)

No.9926/2010. In para 16 of the judgment, this Court directed

that the General Body meeting of the Mannam Memorial

National Club, Thiruvananthapuram shall be held, that

proceedings against the 4th respondent should be completed, and

if necessary, fresh election to the post of Treasurer shall be held

without any further delay. It was directed that these processes

should be completed, as expeditiously as possible, at any rate

within one month of the date of the judgment.

2. Petitioner submits that though the General Body was

held as directed, proceedings against him were not finalised, and

therefore in that sense, the judgment has not been complied

with.

3. However, the case of the respondents as disclosed

from the counter affidavit is that pursuant to the directions in

the judgment, notices were issued to all members and the

COC No.685/2010
:2 :

General Body was held on 16/5/2010. It is also stated that,

subsequently, petitioner has been removed from the membership

of the Club and that in the General Body Meeting held on

11/7/2010, a new Treasurer has also been elected. Therefore,

according to the Club, the direction in the judgment have been

complied with within the time as extended as per the order in IA

No.5063/10.

4. Substantially, the directions in the judgment have

been complied with, and at best, it may be a case where the time

limit has not been complied with, for which I do not think it

necessary to initiate proceedings under the Contempt of Courts

Act.

5. If in the General Body meeting held, or in the election

to the post of Treasurer, any irregularity has been committed by

the Club, that is not an issue which is covered by the judgment,

and if at all the petitioner is aggrieved, he will have to seek his

remedies before the Civil Court. I am not persuaded to think

that the proceedings under the Contempt of Courts Act are

warranted.

Contempt Petition is closed.

ANTONY DOMINIC, JUDGE
Rp