IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 OP(C).No. 4114 of 2011(O) ------------------------- PETITIONER ---------------- S.CHANDRAKUMAR, S/O.SUBRAMANIAN CHETTIAR, 'KARTHIKA', MUNDAKKAL, KOLLAM 600 001. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): ------------------- 1. CHANDRADASAN NADAR, RETIRED DISTRICT JUDGE AND RETURNING OFFICER, SOCIAL JUSTICE FOUNDATION, THIRUVANANTHAPURAM, NEAR AMRITA T.V. STUDIO, VZHUTHACAUDU, THIRUVANANTHAPURAM 695014. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION PN 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK OP(C).No. 4114 of 2011(O) --------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ------------------------------ EXT.P1. COPY OF THE JUDGMENT IN M.F.A. NO.60/2008. EXT.P2. COPY OF THE ORDER IN I.A. 4184/2010 OF THE DISTRICT COURT. RESPONDENT'S EXHIBITS : NIL -------------------------------- / TRUE COPY / P.A. TO JUDGE VK THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4114 of 2011 ==================================== Dated this the 14th day of December, 2011 J U D G M E N T This Original Petition arises from the order passed by the learned Second Additional District Judge, Thiruvananthapuram on I.A. Nos.4184 and 4210 of 2010 in O.P. No.107 of 2006. Petitioner who is not a party to the said proceeding and claimed to be an elected member is aggrieved as the first respondent- Returning Officer has not conducted election as directed in the common order dated 07.12.2010 on the applications referred above. Hence intervention of this Court is required. 2. Learned counsel has invited my attention to the operative portion of Ext.P2, common order whereby learned District Judge allowed I.A. No.4184 of 2010 and directed the first respondent to conduct election to elect an adhoc committee in the manner stated therein. There was also a direction, considering urgency of the matter and the direction of this Court to the Returning Officer to conduct election and file report before the learned District judge within two weeks from the date of receipt of communication of the order. Grievance of petitioner is that in O.P(C) No.4114 of 2011 -: 2 :- spite of expiry of that time, no election as directed is conducted and the case is being adjourned indefinitely from 07.12.2010 onwards and now the case stands posted to 02.01.2012. 3. Learned District Judge was satisfied of the urgency to conduct election at the earliest as seen from the direction issued in the operative portion of the common order. Learned District Judge shall issue necessary directions to the Returning Officer to conduct election as early as possible. Resultantly, Original Petition is disposed of directing the learned Additional District Judge-II, Thiruvananthapuram to issue necessary directions to the Returning Officer to conduct election directed in the common order dated 07.12.2010 if there is no legal impediment in conducting the election, as directed therein and as early as possible. THOMAS P. JOSEPH, JUDGE. vsv