IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 17247 of 2010(O) -------------------------- CMA.9/2009 of ADL.SUB COURT, THALASSERY OS.330/2008 of MUNSIFF COURT, THALASSERY .................... PETITIONER(S): --------------- T.NARAYANAN, S/O.KALLYANI, AGED 79 YEARS, BUSINESSMAN, RESIDING AT 'SREESHYLAM', KADIRUR AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): --------------- 1. KERALA VYAPARI VYAVASAYA EKOPANA SAMITHI KADIRUR UNIT, REPRESENTED BY ITS PRESIDENT, C.ACHUTHAN, KADIRUR AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. 2. K.K.RAJAN, JOINT SECRETARY, KERALA VYAPARI VYAVASAYA EKOPANA SAMITHI, KADIRUR UNIT, KADIRUR AMSOM DESOM, THALASSERY TALUK, KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thomas P.Joseph, J. ----------------------------------- W.P.(C) No.17247 OF 2010 ----------------------------------- Dated this the 3rd day of June, 2010 JUDGMENT Petitioner filed O.S.330 of 2008 in the court of learned Munsiff, Thalassery alleging that respondent No.2 is illegally and wrongly nominated as Joint Secretary of respondent No.1. Petitioner filed I.A.No.2092 of 2008 for an order of temporary injunction. That application was dismissed by the learned Munsiff relying on Exts.B1 to B4. Petitioner took up the matter in appeal before the learned Additional Sub Judge in C.M.A.No.9 of 2009. Learned Sub Judge found no reason to interfere with the dismissal of I.A.2092 of 2008. Judgment of the learned Sub Judge is under challenge in this writ petition. Learned counsel for petitioner stated that trial court may be directed to dispose of the suit untrammelled by the finding or observation contained in the impugned order/judgment. Having regard to the circumstances stated, I direct learned Munsiff to dispose of the suit untrammelled by any observation/finding contained in the impugned order/judgment. Writ petition is disposed of accordingly. Thomas P.Joseph, Judge cms