V.C. JOHN Vs. T.K. ANIKUMARI

JUDGEMENT

(1.) The petitioners allege that the directions issued by me in order dated 10th of Dec., 2018 in WP(c) No. 40146/2018, whereby I had directed all further action pursuant to Exts.P5 and P6, including taking over of charge by the part-time Administrator, if she had not already taken charge from the outgoing Committee, be stayed and has been violated by the respondent herein, the part-time Administrator and that she assumed charge forcibly, also in violation of Sec. 34 of the Kerala Co-operative Societies Act, on 12/12/2018.

(2.) When this contempt case was considered by me on 20/12/2018, I issued notice to respondent no. 2, who has now entered appearance through a learned counsel and she has filed a counter affidavit on record explaining her version with respect to the allegations made by the petitioners. Since the averments of the 2nd respondent are made in detail in the counter affidavit, I deem it appropriate to extract paragraphs 5 and 11 of the said Counter affidavit as under.

(3.) As is obvious from the afore extracted portion of the counter affidavit, the 2nd respondent asserts that she took charge as part-time Administrator on 07/12/2018, pursuant to Annexure.R2(a) order and that the Deputy Director, Dairy Development, ratified this through Ext.R2(C) order. She further says that even though she took charge on 07/12/2018, as stated above, the petitioners are still continuing to function and that they are not permitting her to discharge her duty as an Administrator and that they are virtually running a parallel administration.