IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 WP(C).No. 36742 of 2007(P) -------------------------------- PETITIONER: -------------- S.N.D.P. UNION THODUPUZHA REPRESENTED BY ITS SECRETARY, BIJU KRISHNAN S/o KRISHNAN, RESIDING AT CHORIAMMAKKAL HOUSE, MUTTOM VILLAGE, THODUPUZHA TALUK BY ADVS SRI K.S. HARIHARAPUTHRAN, M.D.SASIKUMAR RESPONDENTS: ----------------- 1. KAPPU S.N.D.P. SAKHA NO 1186, REPRESENTED BY ITS SECRETARY,P.K. RAVI S/o KUNJAPPAN, PAMPURATHU HOUSE MADAKKATHANAM KARA, MANJALLOOR VILLAGE, MUVATTUPUZHA TALUK 2. P.K. RAVI S/o KUNJAPPAN, AGRICULTURIST AGED 52 RESIDING AT PAMPURATHU HOUSE MADAKKATHANAM KARA, MANJALLOOR VILLAGE MUVATTUPUZHA TALUK BY ADV SRI JOSE JOSEPH ARAYAKUNNEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2008,THE COURT ON 03/04/2008 DELIVERED THE FOLLOWING: WPC 36742/07 1 M.N. KRISHNAN, J. ------------------------------------------------------- W.P.C. No 36742 of 2007 ------------------------------------------------------ Dated this the 3rd April 2008. JUDGMENT This writ petition is preferred against the finding of the Munsiff, Thodupuzha on a preliminary issue whether the court has got territorial jurisdiction to entertain the suit. The contention raised by the defendants is contained in paragraph 2 of the written statement wherein it is stated that the suit is bad for non joinder of necessary parties and further the suit is not maintainable as per bye-law 71(A) of the Yogam. The court below held that if S.N.D.P. Yogam is a party to the suit then by provisions in the bye-law, courts in Kollam alone will have jurisdiction to entertain the suit. The court below found that since S.N.D.P. Yogam is not a party to the proceeding the question of ouster of jurisdiction as per bye-law 71(A) does not arise and therefore held that the suit is maintainable. It is seen from the written statement that an issue regarding non joinder is raised. If by any chance S.N.D.P. Yogam is impleaded as a party, then by law 71 WPC 36742/07 2 (A) may come in the way of jurisdiction which may have to be decided at that stage. It is for the parties to decide and the court to consider whether the question of non joinder and non maintainability of the suit on account of the non impleadment of S.N.D.P. Yogam will arise. Therefore I cannot interfere with the decision of the court below for the time being for the reason that the court below will consider the exclusion of jurisdiction only when the S.N.D.P. Yogam is made a party to the proceeding. With this observation, this writ petition is dismissed. Sd/- M.N. KRISHNAN Judge 03/04/2008 en [true copy]