IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 7144 of 2007(A) ------------------------- OPEA.39/2005 of MUNSIFF COURT, TIRUR .................... PETITIONER(S): --------------- THANDANVALAPPIL KUNHIMUHAMMED, S/O. MARAKKARUTTY, TIRUR TALUK, NADUVATTOM AMSOM, CHELLUR DESOM, P.O.NADUVATTOM. BY ADV. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. PALLINANCHAYALIL LIJI JASMIN, W/O. PARAPPARA SIDHEEQUE, TIRUR TALUK, NADUVATTOM AMSOM, CHELLUR DESOM. 2. NANAPPURATH THAHIRA, W/O. HANEEFA, TIRUR TALUK, NADUVATTOM AMSOM, CHELLUR DESOM. 3. CHAKKUVALAPPIL BEEPATHU, W/O. YAHUTTY, TIRUR TALUK, NADUVATTOM AMSOM, CHELLUR DESOM. ADV. SRI.K.RAMACHANDRAN FOR R1 SMT.A.R.DIVYA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.7144/07 2 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE LAST PAGE OF THE PETITION IN OP.39/05. P2 COPY OF THE AFFIDAVIT DT.6.10.05. P3 COPY OF THE IA.288/07 DT 9.2.07. P4 COPY OF THE COUNTER IN IA.289/07 DT.12.2.07. P5 COPY OF THE ORDER DT 19.2.07. // True Copy // P.A. To Judge PIUS C. KURIAKOSE, J. `````````````````````````````````` W.P.(C) No. 7144 of 2007 A `````````````````````````````````` Dated this the 27th day of January, 2010 J U D G M E N T It is reported to this Court that the Election OP itself is finally disposed. As rightly submitted by Mr.T.Krishnanunni, learned senior counsel, it was very improper on the part of the learned Munsiff to have disposed of the Election OP during the currency of an order of stay by this Court against final disposal. But, then, this Court had also directed the learned Munsiff to decide the preliminary issue regarding maintainability. The learned Munsiff, it is seen, found that the OP itself was not maintainable and as a consequential order dismissed the main Election Petition. The copy of the final judgment dismissing the Election OP is not made available. The remedy of the party who is aggrieved by the final judgment lie not before this Court. I take that circumstance also into account and dismiss the writ WPC.7144/07 : 2 : petition. But, this judgment does not preclude other remedies available to the party who is aggrieved by the final decision of the learned Munsiff in the election. (PIUS C. KURIAKOSE, JUDGE) aks