IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3005 of 2008(G) ------------------------- AGAINST THE ORDER DATED 05/01/2008 IN IA.4140/2007 IN OS.637/2007 of PRL.SUB COURT,IRINJALAKUDA .................... PETITIONERS: ------------ 1. IMAM RAZI MUSLIM EDUCATIONAL CHARITABLE TRUST THRISSUR ,REPRESENTED BY ITS CHAIRMAN V.V.KHALID HAJI. 2. V.V.KHALID HAJI,S/O. KUNJAHAMMED, AGED 60 YEARS, VELLANVAVALAPPIL MUTHERIL HOUSE CHEMMAD P.O., MALAPPURAM,CHAIRMAN, IMAM RAZI MUSLIM EDUCATIONAL CHARITABLE TRUST MALA THRISSUR. BY ADV. SRI.M.K.ABOOBACKER SRI.MANSOOR.B.H. RESPONDENTS: ------------- 1. IMAM RAZI MUSLIM EDUCATIONAL CHARITABLE TRUST PULAMPARA, REPRESENTED BY ITS SECRETARY K.M.A.RAHIM. 2. K.M.A.RAHIM,S/O. MOHAMMED YUSUFB HAJI KUNNUMEL MADATHODI HOUSE, PADINJATTUMURI VILLAGE PERINTALMANNA, MALAPPURAM DISTRICT. 3. A.KUNHALAN,S/O.MARAKKAR HAI, PANNAKKADU P.O., MALAPPURAM DISTRICT. 4. A.C.ABDUL HAKKIM, S/O.ABOOBACKER MUSALIAR, KANTHAPURAM, UNNIKULAM VILLAGE KOYILANDY TALUK. 5. D.SAITHALVAI HAJI, S/O.KUNHEEN HAJI POONKUNNAM VILLAGE, TIRURANGADI TALUK. 6. ABDUL HAMEED ALIAS BAVA HAJI,S/O.,MOOSA MUTHANIKKADU HOUSE, THALAKADATHUR P.O. 7. N.A.HASSAN,S/O. NANI PURATHIYIL ALIYAR VADAMA, MALA, THRISSUR. 8. SHEREEF K., S/O. ABDU KUNJU KATTUPURATH HOUSE, KADATHOOR K.S.PURAM P.O., KARUNAGAPPALLY,KOLLAM. 9. M.SALIM, LAILA STORES AN OPP. K.S.R.T.C. BUS STAND THIRUVALLA P.O., PATHANAMTHITTA. 10. K.P.YOHANNAN, BISHOP MANJADI BELIEVERS CHURCH ,THIRUVALLA P.O., PATHANAMTHITTA. 11. NINAN PUNNOOS BELIEVERS CHURCH HIGHER SECONDARY SCHOOL VARIKKAD P.O., THIRUVALLA P.O., PATHANAMTHITTA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 3005 OF 2008 --------------------- Dated this the 25th day of January, 2008 JUDGMENT This writ petition is filed against the order of the Subordinate Judge, Irinjalakuda in IA No. 4140/07 in OS No.637/07. It is an application filed by the six petitioners therein for getting themselves impleaded as defendants in the suit. Learned Subordinate Judge found that their juncture is necessary and therefore allowed the application. It is against that decision, the present writ petition is filed. 2. I have carefully gone through the order passed by the learned Subordinate Judge especially para 6 of the order. The suit is filed by the 2nd plaintiff claiming himself to be the chairman of the trust. There are some discussions taken to expel him from the post of chairman. It is being contested by him. Many other suits are pending in various courts. Reconstitution of the trust is challenged. Now, the parties who want to come on the party array are also members of the trust and the secretary. Whether he continues to be the secretary are all matters which has to be determined by the court. WPC NO 3005/08 2 What is more important is the proper preservation of the trust property. I think the junction of six persons is also necessary for the proper determination of the case. I do not want to elaborate more on the details, for the reason that it may adversely effect one of the parties. Therefore, the order under challenge does not deserve any interference. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 3005/08 3