IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 120 of 2008(L) ---------------------------------- OS.616/2007 OF PRL.SUB COURT,TRIVANDRUM ......................................... PETITIONER: ACCUSED: ---------------------------------- 1. P.N.SUBRAMANIAM, AGED 62 YEARS, S/O.P.NARAYANA NAMBOODIRI, FORMER DEPUTY DIRECTOR, V.S.S.C, RESIDING AT T.C.5/1756, SYAMALI, AMBALAMUKKU, PEROORKADA, THIRUVANANTHAPURAM. 2. M.K.APPAKUTTA KURUP, AGED 58 YEARS, S/O.BHASKARAN PILLAI, WORKING AS ENGINEER S.F., V.S.S.C, RESIDING AT T.C.10/1374, KARTHIKA, VATTIYOORKAVU, THIRUVANANTHAPURAM. 3. K.BALASUBRAMANIAM, 64 YEARS, S/O.KALIYAPPAN, FORMER ENGINEER, V.S.S.C, RESIDING AT ANANTHA COLONY, VATTIYOORKAVU, THIRUVANANTHAPURAM. 4. V.NARAYANAN NAIR, AGED 57 YEARS, S/O.CHANDRASEKHARA PILLAI, WORKING AS ENGINEER S.E., V.S.S.C., RESIDING AT T.C.2/589, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 5. P.V.OONNIKRISHNAN NAIR, AGED 64 YEARS, S/O.P.K.RAGHAVAN NAIR, RETIRED ENGINEER, V.S.S.C., RESIDING AT REMYA, T.C.9/1773, PATTARKUNNU LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE SMT.MEERA GOPINATH WP(C) NO: 120/2008 RESPONDENTS: -------------------- 1. SPACE ENGINEERS WELFARE SOCIETY, POPULARLY KNOWN AS SEWELS, A SOCIETY REGISTERED UNDER TRAVANCORE-COCHIN LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES ACT 1956 WITH REG. NO.958/95 HAVING ITS OFFICE AT P.L.R.A, 184,PANACHIMOODULANE PATTOM PALACE PO, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 2. K.R.KAIMAL, SECRETARY, SPACE ENGINEERS WELFARE SOCIETY, PLRA 184, PANACHIMOODU LANE, PATTOM PALACE PO, THIRUVANANTHAPURAM RESIDING AT AARABHI, POTHUJANAM ROAD, KUMARAPURAM, THIRUVANANTHAPURAM. 3. V.KARUNAKARAN, PRESIDENT OF SPACE ENGINEERS WELFARE SOCIETY, PLRA 184, WORKING AS HEAD, APD/CESG, PFC, V.S.S.C, THIRUVANANTHAPURAM. 4. KOSHY MAMMEN, VICE PRESIDENT OF SPACE ENGINEERS WELFARE SOCIETY, WORKING AS ENGINEER SG, SRE PROJECT, PMO, TERLS AREA, VSSC, THIRUVANANTHAPURAM. 5. V.C.VIJAYAKUMAR, TREASURER OF SPACE ENGINEERS WELFARE SOCIETY, RESIDING AT MADAVASARAS KANJIRAMPARA, THIRUVANANTHAPURAM. 6. K.N.DILEEP, JOINT SECRETARY, SPACE ENGINEERS WELFARE SOCIETY, WORKING AS ENGINEER SE, EMTD/RPG, TERLS, VSSC, THIRUVANANTHAPURAM. 7. SATHISH SATHYAN, LAISON OFFICER OF SPACE ENGINEERS WELFARE SOCIETY, RESIDING AT SHAMA, THAMPURAMMUKKU, KUNNUKUZHY, THIRUVANANTHAPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 120 OF 2008 = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T This writ petition is preferred against the common order passed in I.A.4571/07 and I.A.5253/07 in O.S.616/07. I.A.4571/07 is for an injunction and I.A.5253/07 is regarding the maintainability of the suit. The Court after consideration of the entire materials found that the suit is not maintainable and dismissed it. Since the suit is dismissed there is no point in entertaining this writ petition at this stage. Therefore I hold that the writ petitioner can file an appeal against the dismissal of the suit before the appropriate forum which is entertainable. With this observation this writ petition is closed. M.N. KRISHNAN, JUDGE. ul/-