IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 12703 of 2009(G) -------------------------- PETITIONER(S): --------------- P.CHANDRAN, GENERAL SECRETARY, TRAVANCORE DEVASWOM EMPLOYEES CONFEDERATION, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. ELECTION BOARD (REFERENDUM), TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS CHAIRMAN AND DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. 3. CHAVARA GOPAKUMAR, PRESIDENT, TRAVANCORE DEVASWOM EMPLOYEESS FRONT, THIRUVANANTHAPURAM. 4. N.GOVINDAN NAMBOOTHIRI, PRESIDENT, TRAVANCORE DEVASWOM EMPLOYEES UNION, THIRUVANANTHAPURAM. ADDL. 5. K.R.MOHANLAL, PRESIDENT, TRAVANCORE DEVASWOM BOARD STAFF ORGANISATION, T.C.NO.25/507, MOSQUE LANE, THAMPANOOR, THIRUVANANTHAPURAM. (ADDL. R5 IS IMPLEADED AS PER ORDER DATED 28.4.2009 IN I.A.NO.5497 OF 2009.) ADV. SRI.D.SREEKUMAR FOR R2 SRI.S.KRISHNAMOORTHY FOR R4 SRI.P.RAVINDRAN, SENIOR ADVOCATE FOR ADDL.R5 SRI.HARIKRISHNAN RAVINDRAN FOR ADDL.R5 SRI.K.SASIKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.12703 of 2009 EXT.P1 TRUE COPY OF NOTIFICATION NO.ROC 4916/97/Est-I DATED 18.8.99 FRAMING THE RULES REGARDING SERVICE ASSOCIATION, IN THE TRAVANCORE DEVASWOM BOARD. EXT.P2 TRUE COPY OF PROCEEDINGS NO.ROC 1031/08/Est-I DATED 13.2.2008 OF THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE NOTIFICATION ROC 4/Election/08 DATED 10.4.2009 PUBLISHED BY THE SECOND RESPONDENT. EXT.P4 TRUE COPY OF ORDER NO.87/08/Estt. Dated 18.4.2009 OF THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 20.4.2009 SUBMITTED BY THE PETITIONER. EXT.P6 TRUE COPY OF REPLY STATEMENT DATED 21.4.2009 SUBMITTED BY THE RETURNING OFFICER TO THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF THE LETTER ROC.NO.4/08/ELECTION DATED 25.4.2009 ISSUED BY THE RETURNING OFFICER TO THE DEPUTY DEVASWOM COMMISSIONER INFORMING HIM OF THE CANCELLATION. RESPONDENT'S EXHIBITS: EXT.R2(a) TRUE COPY OF THE NOMINATION FORM SUBMITTED BY TRAVANCORE DEVASWOM EMPLOYEES FORUM DATED 13.4.2009. EXT.R3(a) A TRUE COPY OF THE NOMINATION SUBMITTED BY THIRD RESPONDENT. EXT.R3(b) A TRUE COPY OF THE APPLICATION DATED 17.4.2009 SUBMITTED BY THE THIRD RESPONDENT BEFORE THE SECOND RESPONDENT. EXT.R3(c) A TRUE COPY OF THE JUDGMENT DATED 22.10.2008 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.28249/08. EXT.R3(d) A TRUE COPY OF THE JUDGMENT DATED 15.4.2009 IN W.A.NO.931/09. EXT.R4(a) TRUE COPY OF THE ORDER DATED 17.4.2009 ISSUED BY THE SECOND RESPONDENT. EXT.R4(b) TRUE COPY OF THE NOMINATION OF THE TRAVANCORE DEVASWOM EMPLOYEE. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.12703 of 2009 ------------------------------- Dated this the 1st July, 2009 J U D G M E N T Raman, J. The question as to whether the respondents are entitled to participate in the referendum need not be decided at this stage, since the referendum has already stood adjourned, because of some pending disputes. In a connected matter, W.P. (C) No.12505/2009, we have already directed the matter to be considered by the Chief Commissioner. If the petitioner has got any grievance, he can also approach the Chief Commissioner. With such liberty, the writ petition is dismissed. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.