IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36656 of 2008(L) -------------------------- AGAINST THE ORDER IN IA 2303/2008 IN CMA.37/2008 of SUB COURT,NEYYATTINKARA .................... PETITIONERS: ---------------------- 1. M/S. MARY MATHA EDUCATION SOCIETY, REG. NO: T-284/97 REGISTERED UNDER T.C. ACT, 1955 HAVING ITS REGISTERED OFFICE AT PALIYODE, DALUMUGAHOM P.O., NEYYATTINKARA THIRUVANANTHAPURAM REP. BY ITS CHAIRMAN R. MURUGAN 2. R. MURUGAN B.SC (ENGG) M.I.E., CHAIRMAN, MARY MATHA EDUCATION SOCIETY, REG. NO: T-284, PALIYODE, DALUMUGAHOM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM BY ADV. SRI.R.S.KALKURA RESPONDENTS: -------------------------- 1. WILSON LASER, HOUSE NO: X/130, AVIKUZHY VEEDU OLATHANNI, NEYYATTINKARA P.O. THIRUVANANTHAPURAM 2. JOSE WILSON, HOUSE NO: X/130, AVIKUZHY VEEDU OLATHANNI, NEYYATTINKARA P.O. THIRUVANANTHAPURAM 3. K. SHANTHI, HOUSE NO: XXXI/111, AVIKUZHY VEEDU OLATHANNI, NEYYATTINKARA P.O. THIRUVANANTHAPURAM 4. M. CELINE, HOUSE NO: X/130, AVIKUZHY VEEDU OLATHANNI, NEYYATTINKARA P.O. THIRUVANANTHAPURAM 5. S. SHEELA, HOUSE NO: X/130, AVIKUZHY VEEDU OLATHANNI, NEYYATTINKARA P.O. THIRUVANANTHAPURAM 6. A.P. AJITH, HOUSE NO: VII/338. MEENACHIRAROADARIKATHUVEEDU PULAYARKONAM, DALUMUGAHOM, NEYYATTINKARA P.O. THIRUVANANTHAPURAM 7. W. YESUDASAN, HOUSE NO: IX/193, AVIKUZHYVEEDU OLATHANNI, NEYYATTINKARA P.O. THIRUVANANTHAPURAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 36656 OF 2008-L ------------------------------- Dated this the 12th December, 2008. JUDGMENT Heard counsel for the petitioners. Petitioner is an academic institution running an Engineering College under the name and style of M/s. Mary Matha College of Engineering and Technology at Dalumugahom, Neyyattinkara. It is submitted by counsel for the petitioners that respondents 4 onwards were members of the erstwhile managing committee of the college and respondents 1 to 3 though they continue to be managing committee members even after taking over management of the college by the second petitioner they are also joining with respondents 4 onwards and are creating obstruction to the functioning of the college and conduct of examinations in the college creating panicky atmosphere trespassing forcibly into the college campus accompanied also by gundas and that even the examinations are not possible to be conducted. According to the petitioner the management of the college was transferred to the second petitioner when the institution ran into heavy debts and the second petitioner offered to discharge WPC36656/2008 2 the liabilities which amounted to 19 ½ crores and that he has accordingly discharged the debts in full and he is continuing as the chairman of the college. Counsel for the petitioners submits that when the injunction petition was dismissed by the trial court, C.M.Appeal was filed before the Sub Court, Neyyattinkara on 2.12.2008; that notice was ordered on the injunction petition filed therewith and posted the injunction application to 23.1.2009 that thereupon in view of the emergency to have an interim order on the injunction petition the petitioners moved Ext.P11 advance petition on 4.12.2008 and the court below has passed Ext.P12 order on the advance petition “call on 5.1.2009”, which obviously means that even on 5.1.2009 the injunction petition cannot be taken up and only the advance petition will come up for consideration and that in the meanwhile the respondents will work out havoc in the college; that the question papers are stored in the Principal's room and the respondents would break open the Principal's room and may steal away the question papers and that it is highly necessary that the WPC36656/2008 3 matter is heard and disposed of at the earliest. 2. It appears that there being only one week for closing of Courts for Christmas it may not be feasible to give a direction to the court below to dispose of the C.M.Appeal before closing of courts without giving breathing time. In the result it is ordered that the court below shall issue notice by special messenger at the expense of the petitioners to the respondents in the court below and make all endeavour to dispose of the injunction petition before closing of courts and if that is not possible to hear and dispose of the C.M. Appeal itself immediately on re-opening of courts after Christmas holidays and in any event before 15.1.2009. 3. In the meanwhile till some appropriate orders or directions atleast are given by the court below on the injunction application filed in C.M.A 37/2008 there shall be an ad interim injunction restraining the respondents from creating any hindrance to the peaceful functioning of the day to day administration-management and functioning of the petitioner/college. This writ petition is WPC36656/2008 4 disposed of with the above directions. Issue copy of this judgment to the counsel for the petitioners urgently. K.P.BALACHANDRAN JUDGE jj