IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 7334 of 2009(O) ------------------------------------- CMA.37/2008 of SUB COURT,NEYYATTINKARA OS.801/2008 of MUNSIFF COURT, NEYYATTINKARA .................... PETITIONER(S): --------------------- 1. WILSON LAZAR, S/O. LAZAR NADAR. 2. JOSE S.WILSON, S/O. WILSON. 3. K.SHANTI, W/O. RAJENDRAN. ALL ARE RESIDING AT AVIKUZHY VEEDU, OLATHANNI, NEYYATTINKRA P.O., THIRUVANANTHAPURAM-695 121. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE ADV. MR.T.C.SURESH MENON MR.JIBU P THOMAS MR.P.S.APPU MR.A.R.NIMOD RESPONDENT(S): ------------------------ 1. MARY MATHA EDUCATION SOCIETY, REG.NO.T.284/97, PALIYODE, DALUMUGAHAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN R.MURUGAN. 2. R.MURUGAN, CHAIRMAN, MARY MATHA EDUCATION SOCIETY, REG.NO.T.284/97, PALIYODE, DALUMUGAHAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. 3. M.CELINE, W/O. WILSON LAZAR, RESIDING AT HOUSE NO.X/130, AVIKUZHY VEEDU, OLATHANNI, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 4. S.SHEEJA, W/O. DR.JAGAN, RESIDING AT HOUSE NO.X/130, AVIKUZHY VEEDU, OLATHANNI, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. WP(C).No. 7334 of 2009(O) 5. A.P. AJITH, S/O. ALOCIOUS, RESIDING AT HOUSE NO.VII/338, MEENACHIRA ROADARIKATHU VEEDU, PULAYARKONAM, DALUMUGAHOM, NEYYATTINKARA, THIRUVANANTHAPURAM. 6. W.YESUDASAN, S/O. WILLIAMS, RESIDING AT HOUSE NO.IX/193, AVIKUZHY VEEDU, OLATHANNI, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. R3 TO R6 BY ADV. MR.S.SUJIN , SMT.NITA.N.S. R1 & R2 BY ADV. MR.R.S.KALKURA MR.K.B.PRADEEP (ADV. COMMISSIONER) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2009, ALONG WITH WPC NO. 7936 OF 2009, THE COURT ON 22/10/2009 DELIVERED THE FOLLOWING: WP(C).No. 7334 of 2009(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DATED 05/06/2008. EXT.P2: COPY OF THE ORDER IN I.A. NO.5233/2008 IN O.S. NO.801/2008 ON THE FILE OF THE COURT OF THE ADDITIONAL MUNSIFF-II, NEYYATTINKARA DATED 26/11/2008. EXT.P3: COPY OF THE JUDGMENT IN C.M.A. NO.37/2008 ON THE FILE OF THE COURT OF THE SUB JUDGE, NEYYATTINKARA DATED 30/01/2009. RESPONDENT'S EXHIBITS &ANNEXURE: EXT.R1(a): COPY OF THE BYELAW ALONG WITH THE REGISTRATION CERTIFICATE NO.T.284/97 OF THE RESPONDENT SOCIETY. EXT.R1(b): COPY OF THE AMENDMENTS CARRIED OUT TO THE BYELAWS FOR THE YEAR 2002. EXT.R1(c): COPY OF THE AMENDMENTS CARRIED OUT TO THE BYELAWS FOR THE YEAR 2004. EXT.R1(d): COPY OF THE AMENDMENTS CARRIED OUT TO THE BYELAWS FOR THE YAEAR 2006. EXT.R1(e): COPY OF THE MINUTES OF THE SYNDICATE OF THE UNIVERSITY OF KERALA DATED 19/11/2008. EXT.R1(f): COPY OF THE LETTER DATED 09/09/2008 ISSUED BY THE SOCIETY TO THE REGISTRAR OF SOCIETIES, WITH THE ACKNOWLEDGMENT OF REGISTRAR OF SOCIETY. EXT.R1(g): COPY OF THE NOTICE DATED 26/07/2008 ISSUED BY M/S. CHANDRASEKHARAN AND CHANDRASEKHARA MENON. EXT.R1(h): COPY OF THE REPLY DATED 07/08/2008 ISSUED BY THE 2ND RESPONDENT TO THE COUNSEL OF THE 1ST PETITIONER. EXT.R1(i): COPY OF THE FIR DATED 03/09/2008 SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT III, NEYYATTINKARA BY THE 1ST PETITIONER. EXT.R1(j): COPY OF THE COMPLAINT SUBMITTED BY THE PREMISES OFFICER/SECURITY OFFICER OF THE COLLEGE BEFORE THE CIRCLE INSPECTOR OF POLICE VELLARADA. EXT.R1(k): COPY OF THE COMPLAINT DATED 15/09/2008 SUBMITTED BY THE PRINCIPAL BEFORE THE CIRCLE INSPECTOR OF POLICE, VELLARADA. WP(C).No. 7334 of 2009(O) EXT.R1(l): COPY OF THE PLAINT O.S. NO.138/2008 OF THE SUB COURT, NEYYATTINKARA. EXT.R1(m): COPY OF THE PLAINT IN O.S.142/2002 OF THE SUB COURT, NEYYATTINKARA. EXT.R1(n): COPY OF THE WRITTEN STATEMENT IN O.S.142/2003 OF THE SUB COURT, NEYYATTINKARA. EXT.R1(o): COPY OF THE GOVERNING BODYMEETING OF THE SOCIETY HELD ON 21/09/2008. EXT.R1(p): COPY OF THE CRIMINAL COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, NEYYATTINKARA AS C.M.P. NO.850/2009. EXT.R1(q): COPY OF THE JUDGMENT IN CRL. MC.NO.3872/2008 DATED 28/01/2009. EXT.R1(r): COPY OF THE MEMORANDUM OF C.M. APPEAL SUBMITTED BY THE 2ND RESPONDENT. EXT.R1(s): COPY OF THE JUDGMENT DATED 12/12/2008 IN WP(C) NO. 36656/2008. EXT.R1(t): COPY OF THE JUDGMENT DATED 06/01/2009, OF THE SUPREME COURT IN PETITION NO.30453/2008 FOR SLP. EXT.R1(u): COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONERS TO THE INJUNCTION APPLICATION SUBMITTED BY THE 2ND RESPONDENT IN O.S.801/2008. EXT.R1(v): COPY OF THE JUDGMENT DATED 17/12/2008 IN WP(C) NO. 36808/2008. EXT.R1(w): COPY OF THE RESIGNATION LETTER DATED 05/06/2008 TENDERED BY THE 3RD RESPONDENT. EXT.R1(x): COPY OF THE RESIGNATION LETTER DATED 05/06/2008 TENDERED BY THE 4TH RESPONDENT. EXT.R1(y): COPY OF THE RESIGNATION LETTER DATED 05/06/2008 TENDERED BY THE 5TH RESPONDENT. EXT.R1(z): COPY OF THE RESIGNATION LETTER DATED 05/06/2008 TENDERED BY THE 6TH RESPONDENT. EXT.R1(aa): COPY OF THE JUDGMENT DATED 30/01/2008 ON IMPLEADING PETITION SUBMITTED BY ONE MR.STANELY. EXT.R1(bb): COPY OF THE SHOW CAUSE NOTICE DATED 20/12/2009 ISSUED TO THE PETITIONERS. EXT.R1(cc): COPY OF THE REPLY ISSUED BY THE 1ST PETITIONER FOR AND ON BEHALF OF ALL OTHER PETITIONERS. WP(C).No. 7334 of 2009(O) EXT.R1(dd): COPY OF THE LETTER DATED 10/12/2008 ISSUED TO THE STAFF ADVISOR BY THE 1ST PETITIONER. EXT.R1(ee): COPY OF THE LETTER DATED 11/12/2008 ISSUED TO THE PRINCIPAL BY ONE MR.STANELY. EXT.R1(ff): COPY OF THE NOTICE DATED 10/12/2008 ISSUED BY THE 1ST PETITIONER CLAIMING TO BE THE CHAIRMAN OF THE FICTITIOUS MARY MATHA EDUCATIONAL SOCIETY. EXT.R1(gg): COPY OF THE UNIVERSITY AFFILIATION GRANTED TO MARY MATHA COLLEGE OF ENGINEERING AND TECHNOLOGY UNDER MARY MATHA EDUCATION SOCIETY. EXT.R1(hh): COPY OF THE AICTE ORDER OF APPROVAL GRANTED TO MARY MATHA COLLEGE OF ENGINEERING AND TECHNOLOGY UNDER MARY MATHA EDUCATION SOCIETY. EXT.R1(ii): COPY OF THE ACKNOWLEDGMENT INDICATING ACCEPTANCE OF THE NOTICE ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT SOCIETY OF THE MEETING HELD ON 03/04/2009. EXT.R1(jj): COPY OF THE ACKNOWLEDGMENT INDICATING ACCEPTANCE OF THE NOTICE ISSUED BY THE SECRETARY OF THE 1ST RESPONDENT SOCIETY OF THE MEETING HELD ON 25/04/2009. EXT.R1(kk): COPY OF THE ACKNOWLEDGMENT INDICATING ACCEPTANCE OF THE NOTICE ISSUED BY THE SECRETAYRY OF THE 1ST RESPONDENT SOCIETY OF THE MEETING HELD ON 09/05/2009. EXT.R1(ll): COPY OF THE RETURNED COVER OF THE NOTICE OF THE MEETING TO BE HELD ON 16/05/2009 ISSUED BY REGISTERED POST RETURNED WITH ENDORSEMENT “REFUSED”. EXT.R1(mm): COPY OF THE RETURNED COVER OF THE NOTICE DATED 20/02/2009 ISSUED TO THE 1ST PETITIONER BY THE 1ST RESPONDENT WITH POSTAL ACKNOWLEDGEMENT. EXT.R1(nn): COPY OF THE NOTICE DATED 20/02/2009 ISSUED TO THE 2ND PETITIONER BY THE 1ST RESPONDENT WITH POSTAL ACKNOWLEDGEMENT. EXT.R1(oo): COPY OF THE NOTICE DATED 20/02/2009 ISSUED TO THE 3RD PETITIONER BY THE 1ST RESPONDENT WITH POSTAL ACKNOWLEDGEMENT. EXT.R1(pp): COPY OF THE REPLY TO ANNEXURE A 5 NOTICE DATED 20/02/2009 RECEIVED FROM THE 1ST PETITIONER. EXT.R1(qq): COPY OF THE MINUTES OF THE MEETING OF THE GOVERNING BODY DATED 25/04/2009. WP(C).No. 7334 of 2009(O) EXT.R1(rr): COPY OF THE NOTICE DATED 25/04/2009 ISSUED BY THE 1ST RESPONDENT SOCIETY TO THE 1ST PETITIONER. EXT.R1(ss): COPY OF THE NOTICE DATED 25/04/2009 ISSUED BY THE 1ST RESPONDENT SOCIETY TO THE 2ND PETITIONER. EXT.R1(tt): COPY OF THE NOTICE DATED 25/04/2009 ISSUED BY THE 1ST RESPONDENT SOCIETY TO THE 3RD PETITIONER. EXT.R1(uu): COPY OF THE POSTAL ACKNOWLEDGEMENT EVIDENCING RECEIPT OF NOTICE BY THE 1ST PETITIONER. EXT.R1(vv): COPY OF THE POSTAL ACKNOWLEDGEMENT EVIDENCING RECEIPT OF NOTICE BY THE 2ND PETITIONER. EXT.R1(ww): COPY OF THE POSTAL ACKNOWLEDGEMENT EVIDENCING RECEIPT OF NOTICE BY THE 3RD PETITIONER. EXT.R1(xx): COPY OF THE REMINDER DATED 09/05/2009 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER. EXT.R1(yy): COPY OF THE REMINDER DATED 09/05/2009 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER. EXT.R1(zz): COPY OF THE REMINDER DATED 09/05/2009 ISSUED BY THE 1ST RESPONDENT TO THE 3RD PETITIONER. EXT.R1(aaa): COPY OF THE RETURNED POSTAL COVER IN RESPECT OF REMINDER ISSUED TO THE 1ST PETITIONER. EXT.R1(bbb): COPY OF THE RETURNED POSTAL COVER IN RESPECT OF REMINDER ISSUED TO THE 2ND PETITIONER. EXT.R1(ccc): COPY OF THE RETURNED POSTAL COVER IN RESPECT OF REMINDER ISSUED TO THE 3RD PETITIONER. ANNEXURE A1: COPY OF THE LETTER DATED 20/10/2009 ISSUED BY K. MURALIDHARAN NAIR, ADVOCATE. //TRUE COPY// P.A. TO JUDGE rs. S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NOS.7334 & 7936 OF 2009 () ----------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T The above two writ petitions had been filed against the judgment in C.M.A.No.37 of 2008 by the learned Sub Judge, Neyyattinkara. Dismissal of the interlocutory application, I.A.No.5233 of 2008 in O.S.No.801 of 2008 on the file of the IInd Additional Munsiff Court, Neyyattinkara by the learned Munsiff gave rise to the above appeal before the Sub Court. The learned Sub Judge reversed the order of dismissal granting an interim injunction in favour of respondents 1 and 2, the plaintiffs in the suit. Now a memo has been filed by the counsel appearing for the 1st and 2nd respondents, the plaintiffs in the suit, that the suit has been dismissed as withdrawn. Notice of the memo has been given to the counsel appearing for other parties in the writ petitions. Since the suit has already been dismissed as not pressed, nothing W.P.(C).NOS.7334 & 7936 OF 2009 2 survives for consideration in these writ petitions. Writ petitions are therefore closed. S.S.SATHEESACHANDRAN JUDGE prp