IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 20973 of 2006(V) ------------------------------------- OS.1582/2002 of MUNSIFF COURT,ERNAKULAM .................... PETITIONER(S): DEFENDANTS NOS. 1,4 & 7 IN OS. NO.1582/02 OF THE ------------------------ HONOURBLE MUNSIFF'S COURT, ERNAKULAM. 1. TAXI DRIVERS UNION TRUST, MARUTI VILAS LODGE,CANNON SHED ROAD, ERNAKULAM DESOM, KANAYANNOOR TALUK, REPRESENTED BY ITS JOINT SECRETARY,CHANDRAN (ADDL.7T DEFENDANT IN O.S.1582 OF 2002 OF THE HON'BLE MUNSIFF'S COURT,ERNAKULAM) 2. M.T.JOHN, AGED 62 YEARS, TREASURER, TAXI DRIVERS UNION TRUST, MARUTI VILAS LODGE, CANNON SHED ROAD, ERNAKULAM VILLAGE, KANAYANNOOR TALUK. (4TH DEFENDANT IN O.S.1582 OF 2002 OF THE HON'BLE MUNISFF'S COURT,ERNAKULAM). 3. TAXI DRIVERS UNION, HAVING REG.NO.472/ 1973, MARUTI VILAS LODGE, CANNON SHED ROAD, ERNAKULAM VILLAGE, KANAYANNOOR TALUK, REPRESENTED BY ITS JOINT SECRETARY, CHANDRAN, ACTING IN THE ABSENCE OF THE SECRETARY. BY ADV. MR.T.MADHU RESPONDENT(S): ------------------------- 1. T. SIVARAMAN NAIR, S/O. SANKARAN NAIR, AGED 68 YEARS, DRIVER, RESIDING AT PUDYADATH MYLIL VEEDU, CHOTTANIKKARA DESOM, KUREEKAD VILLAGE KANAYANNOOR TALUK. 2. K.C. VASU, S/O. CHENNI, AGED 56 YEARS, DRIVER, KALAPURAKKAL HOUSE, UDAYAMPEROOR MURI, NADAMA VILLAGE, KANAYANNOOR TALUK. W.P.(C) NO.20973/2006 3. C.V. GEORGE, S/O. VARGHESE, AGED 45 YEARS, DRIVER, CHOOLAKKAL PARAMBIL, MARADU VILLAGE, KANAYANNOOR TALUK. 4. P.D. OUSEPH @ TONY, S/O. DEVASSIA, AGED 46 YEARS, DRIVER, PUTHEN PARAMBIL HOUSE, POONKAVU, PATHIRAPPILLY P.O., ALAPPUZHA TALUK. 5. K.N. SIVARAJAN, S/O. NANU, AGED 51 YEARS, DRIVER, KOCHUTHULLIPADIKKAL HOUSE, VETTIKODE P.O., KATTANAM VILLAGE, ALAPPUZHA TALUK. 6. P.K. JAMES, S/O. KURUVILA, AGED 60 YEARS, DRIVER, PULLUKATTIL HOUSE, SAADARAGIRI ROAD, KALAMASSERY DESOM, ELOOR VILLAGE PARUR TALUK. 7. T.P. SURESH, S/O. PADMANABHAN, AGED 52 YEARS, DRIVER, THARAKANTHARA HOUSE, A.K. XAVIER ROAD, THOPPUMPADY DESOM, PALLURUTHY VILLAGE, KOCHI TALUK. 8. P.R. MANI, S/O. KOCHUKUTTY, AGED 54 YEARS, DRIVER, KONMANKADU HOUSE, THATHAMANGALAM P.O., PALAKKAD TALUK. 9. T.G. JOSEPH, S/O. GEORGE, AGED 50 YEARS, DRIVER, THUNDIPARAMBIL HOUSE, PALLINADA ROAD, MARADU DESOM,KANAYANNOOR TALUK. 10. V.M. RAMAN, S/O.MADHAVAN PILLAI, AGED 50 YEARS, DRIVER, POOPADIPARAMBIL HOUSE, THIRUVAIRANIKULAM, SREEMOOLANAGARAM, ALUVA. 11. K.K. MOHANAN, S/O. KUMARAN, AGED 48 YEARS, DRIVER, KOLLAMPARAMBIL HOUSE, ATTUPATAM, AIROOR P.O., ALUVA. 12. V.M. UNNIKRISHNAN, S/O. MURUGAN, AGED 49 YEARS, DRIVER, 8/1257, T.D. EAST ROAD, MATTANCHERY, KOCHI TALUK. 13. P.V. CHELLAPPAN, S/O. VASUDEVAN, AGED 57 YEARS, DRIVER, PUTHENTHARA HOUSE, THAIKOODAM, POONITHURA VILLAGE,KANAYANNOOR TALUK. 14. P.O. LONAPPAN, S/O. OUSEPH, AGED 54 YEARS, DRIVER, PARASSERY HOUSE, B.M.L. P.O THOPPIL, THRIKKAKARA, EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK. W.P.(C) NO.20973/2006 15. K.K. GEORGE, S/O. KURIAN, AGED 54 YEARS, DRIVER, KATTUMPURATH VEEDU, K.P. VALLON ROAD, KADAVANTHARA DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK. 16. P.L. JOSEPH, S/O. LONAPPAN, AGED 50 YEARS, DRIVER, POOTHAKKAL HOUSE, PONNURUNNI, VYTTILA P.O., KANAYANNOOR TALUK. 17. P.S. LAKSHMANAN, S/O. SANKARAN, AGED 60 YEARS, DRIVER, THUNDIPARAMBIL HOUSE, AZHEKKAL P.O., VYPIN, KOCHI TALUK. 18. K.J. YESUDAS, VICE PRESIDENT, TAXI DRIVERS UNION TRUST, MARUTI VILAS LODGE, CANNON SHED ROAD, ERNAKULAM VILLAGE, KANAYANNOOR TALUK. 19. ANTONY, S/O. AUGUSTINE, AGED 54 YEARS, BUSINESS, KALLUVEETTIL HOUSE, KADAMAKKUDY, KANAYANNOOR TALUK. 20. A.C. JOSE, AGED 66 YEARS, PRESIDENT/MANAGING TRUSTEE, TAXI DRIVERS UNION TRUST, AMBATTU HOUSE, NOW RESIDING AT D.H.ROAD, ERNAKULAM, KANAYANNOOR TALUK. R1 TO 11, 13 TO 15 & 17 BY MR.T.KRISHNAN UNNI, SENIOR ADVOCATE R1 TO 11, 13 TO 15 15 & 17BY ADV.MR.DENY JOSEPH R18 BY ADV. MR.P.K.RAVISANKAR R19 BY ADV. MR.N.C.JOSEPH R20 BY ADV. MR.K.RAMACHANDRAN, SMT.R.MEERA . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON 06/04/2010 DELIVERED THE FOLLOWING: W.P.(C) NO.20973/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT IN WPC. 25231/2004, DTD. 26.10.2005 OF THE HON'BLE HIGH COURT OF KERALA. P2:- COPY OF THE IA. 1613/06 IN OS. 1582/02 OF THE HON'BLE MUNSIFF'S COURT, ERNAKULAM DTD. 13.2.2006. P3:- COPY OF THE IA. NO.1940/2006 IN OA. 1582/2002 OF THE HON'BLE COURT, ERNAKULAM DTD. 18.2.06. P4:- COPY OF THE ORDER IN OS. 1582/02, DTD. 2.6.06 OF THE HON'BLE MUNSIFF'S COURT, ERNAKULAM. R18(a):- COPY OF THE COUNTER AFFIDAVIT FILED IN IA. 6202/02 ON THE FILE OF MUNSIFF'S COURT, ERNAKULAM DTD. FEBRUARY 2003. R18(b):- COPY OF THE LETTER DTD. 17.1.2003 ISSUED BY THE PETITIONER. R18(c):- COPY OF THE COMMUNICATION DTD. 26.3.03 OF TAXI DRIVERS UNION , KOCHI 11. R18(d):- COPY OF THE PETITION TO CONDUCT THE ELECTION (IA.1311/03) FILED IN OS.1582/02 DTD. 16.6.04 ON THE FILE OF MUNISFF'S COURT, ERNAKULAM. R18(e):- COPY OF THE INTERIM REPORT DTD. 28.7.06 BY ADVOCATE COMMISSIONERS IN OS. 1582/02 ON THE FILE OF MUNSIFF'S COURT, ERNAKULAM. R18(f):- COPY OF THE ELECTION NOTIFICATION PUBLISHED BY ADVOCATE COMMISSIONERS FILED IN OS. 1582/02 ON THE FILE OF MUNSIFF'S COURT, ERNAKULAM DTD. 25.7.06. R18(g):- COPY OF THE PETITION AND AFFIDAVIT IA 6081/04 FILED IN OS. 1582/02 ON THE FILE OF MUNISFF'S COURT, ERNAKULAM. R19(1) COPY OF THE PLAINT IN OS. 1758/97 OF MUNSIFF'S COURT, ERNAKULAM. R19(2):- COPY OF THE WRITTEN STATEMENT FILED BY DEFENDANT 1 TO 5 IN OS. 1758/97. R19(3):- COPY OF THE COUNTER-AFFIDAVIT OF THE DEFENDANT 1 TO 5 OF DO. R19(4):- COPY OF THE JUDGMENT IN OS. 1758/97 OF DO. COURT. 19(5):- COPY OF THE PLAINT IN OS. 1677/01 OF MUNISFF'S COURT, ERNAKULAM. R19(6):- COPY OF THE WRITTEN STATEMENT OF DEFENDANT IN OS. 1677/01. W.P.(C) NO.20973/2006 R19(7):- COPY OF THE COUNTER-AFFIDAVIT FILED BY 19TH RESPONDENT, ANTONY. R19(8):- COPY OF THE AFFIDAVIT AND PETITION FILED BY PLAINTIFF IN OS. 1677/01. R19(9):- COPY OF THE ORDER IN IA. 6645/01 IN OS. 1677/01. R19(10:- COPY OF THE PLAINT IN OS. 912/02 FILED BEFORE THE MUNISFF'S COURT, ERNAKULAM. R19(11):- COPY OF THE COUNTER-AFFIDAVIT FILED BY THE DEFENDANTS 1 TO 5. R19(12):- COPY OF THE ORDER IN IA. 4117/02 OF DO. TRUE COPY P.S. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = = W.P.C. 20973 OF 2006 = = = = = = = = = = = = = = = Dated this the 26th day of March, 2006. O R D E R This writ petition is preferred against the order passed by the Munsiff, Ernakulam on 2.6.06 in O.S.1582/02. The learned Munsiff appears to have passed an order stating that the defendants are estopped from contending that the suit is not maintainable as they assumed office as per election conducted on 20.11.99 and thereafter the Munsiff went on to direct the Commissioner to conduct the elections. It is against that decision the present writ petition is filed. 2. The learned Munsiff had framed a specific issue whether the suit is maintainable. I am also informed by the learned counsel for the 6th defendant that he had challenged valuation for the purpose of Court fee and jurisdiction. It is also contended that there is a contention whether the suit is maintainable in the light of Indian Trade Union Act as well as under the provisions of the Trust Act. The question of maintainability of a suit goes into W.P.C. 20973 OF 2006 -:Page numbers:- the root of the matter as well the question of Court fee and jurisdiction also has to be decided at a preliminary stage. The learned Munsiff has very lightly stated that the issue No.3 is answered in favour of the plaintiff without considering what is the contention raised in the suit. 3. Another question raised is regarding the conduct of elections. If a suit is found to be not maintainable on any of the grounds mentioned in the petition it will not be worthwhile to consider about any other reliefs. In this case I do not want to set aside the entire order and remand back the entire case to the trial Court. Therefore, the O.P. will be retained before this Court and direct the learned Munsiff to answer the issues; 1) Whether the suit is maintainable on one or any of the grounds alleged in the written statement of different parties or under the provisions of enactments referred to? and 2) Whether the suit is valued properly for the purpose of Court fee and jurisdiction? 4. The learned Munsiff shall give opportunity to all the parties to be heard in this matter and dispose these two issues as preliminary issues and record a finding on those issues and send the same to this Court so that the Court can dispose of other material question that W.P.C. 20973 OF 2006 -:Page numbers:- has arisen in this O.P. for consideration regarding the conduct of elections. So, the Registry is directed to send back the records to the Munsiff Court, Ernakulam for the purpose of compliance of the above said directions. Registry is also directed to post this O.P. before me on 9.4.2007 and meanwhile the Munsiff is directed to send his findings on these two issues to this Court by 9.4.2007. The learned Munsiff would hear the matter on 6.4.2007. I make it clear that if really any difficulties arise for any of the parties or lawyers for seeking adjournment on personal or unavoidable grounds that may also be considered by the Court and a report may be sent to this Court. Issue a copy of this order to the counsel appearing for all the parties. M.N. Krishnan, Judge. ul/- W.P.C. 20973 OF 2006 -:Page numbers:- M.N. KRISHNAN, J. = = = = = = = = = = = = = = = W.P.C. 20973 OF 2006 = = = = = = = = = = = = = = = Dated this the 8th day of November, 2006. O R D E R The learned counsel for the writ petitioner submits before me that though there is a specific posting of the case on today, the Registry has not posted the case and therefore it is necessary to give a posting as well as to extend the interim order granted by this Court. It is unfortunate that the Registry has not posted the case today in spite of specific posting and so the matter cannot be heard on account the said fact. As it is mistake committed by the Registry, it is only just to extend the interim order granted till 15/11/06 and post the case peremptorily on 15/11/06 at 1.45 p.m. itself and the Registry shall not commit default in posting the case on the said day. M.N. Krishnan, Judge. W.P.C. 20973 OF 2006 -:Page numbers:- ul/- W.P.C. 20973 OF 2006 -:Page numbers:- M.N. KRISHNAN, J. = = = = = = = = = = = = = = = W.P.C. 20973 OF 2006 = = = = = = = = = = = = = = = Dated this the 22nd day of November, 2006. O R D E R Heard in further. The learned counsel appearing for the respondents 1 to 11, 13, 15 and 17 wants to peruse the records which is available before the Court and after hearing the learned counsel for R18(D5) it is necessary to get the records in O.S.359/99. Therefore, call for the records in O.S.359/99 on the file of the Munsiff Court, Ernakulam and post the case on 29/11/06 at 1.45 p.m. without fail. The interim order granted will continue till 29/11/06. M.N. Krishnan, Judge. ul/-