IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 12505 of 2009(G) -------------------------- PETITIONER(S): --------------------- K.R.MOHANLAL, PRESIDENT, TRAVANCORE DEVASWOM BOARD STAFF ORGANIZATION, TC 25/507, MOSQUE LANE, THAMPANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.HARIKRISHNAN RAVINDRAN RESPONDENT(S): ------------------------ 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DEVASWOM COMMISSIONER, (CHAIRMAN ELECTION BOARD), TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE CHAIRMAN ELECTION BOARD, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 4. SHAJI SHARMA, PRESIDENT, TRAVANCORE DEVASWOM EMPLOYEES CONFEDERATION. (CORRECTED) 5. CHAVARA GOPAKUMAR, PRESIDENT, TRAVANCORE EMPLOYEES FRONT. (CORRRECTED) 6. K.P.UNNIKRISHNAN, (CORRECTED) PRESIDENT, TRAVANCORE DEVASWOM BOARD STAFF UNION. THE ADDRESS OF RESPONDENTS 4, 5 AND 6 ARE CORRECTED. 4. SHAJI SHARMA, PRESIDENT, TRAVANCORE DEVASWOM EMPLOYEES CONFEDERATION, T.C. NO.XI/1557, DEVASWOM BOARD JN, KAWDIAR P.O, THIRUVANANTHAPURAM. 5. CHAVARA GOPAKUMAR, PRESIDENT, TRAVANCORE EMPLOYEES FRONT STATE COMMITTEE OFFICE, T.C. NO.XII/1146(1), H.O. THIRUVANANTHAPURAM. 6. K.P. UNNIKRISHNAN, PRESIDENT, TRAVANCORE DEVASWOM BOARD STAFF UNION, H.O., THIRUVANANTHAPURAM-3. THE ADDRESS OF RESPONDENTS 4 TO 6 ARE CORRECTED AS PER ORDER DT. 28.4.2009 IN I.A. 5352/09. BY ADV. K.N. VENUGOPALA PANICKER, SC FOR TDB. ADV. SRI.S.KRISHNAMOORTHY FOR R6 SRI.PIRAPPANCODE V.S.SUDHIR FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12505 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of June, 2009. JUDGMENT Raman, J, Ext.P1 is the bye-law submitted by the Travancore Devaswom Board Staff Organization. On being pointed out certain defects and after rectification Ext.P2 is submitted along with the revised bye-law. In the meantime, referendum was proposed to be conducted. Since the petitioner's bye-law has not been approved, he was not qualified to participate in the referendum and rightly his application for inclusion of his Union also to participate in the referendum has been rejected by Ext.P9. However, since this court stayed the holding of the referendum, it is only appropriate that a final decision be taken on Ext.P1 as modified by Ext.P2 by the Chief Commissioner within a period of two weeks from today and in case the bye- law is approved, petitioner's Union will be allowed to participate in the referendum, if any conducted. WPC. 12505/2009. 2 The writ petition is disposed of. P.R. Raman, Judge P. Bhavadasan, Judge sb.