IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 23264 of 2008(T) -------------------------- PETITIONER(S): --------------- ST.JOHN AMBULANCE KERALA STATE CENTRE NO.537, TC/635, BHARMADESOM LANE, VENCHIYOOR PO., TRIVANDRUM-695035. REP. BY ITS HON'GENERAL SECRETARY IN CHARGE. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, TRIVANDRUM. ADDL.R2 IMPLEADED :- 2.INDIAN RED CROSS SOCIETY, KERALA STATE BRANCH, RED CROSS ROAD, THIRUVANANTHAPURAM, KERALA, PIN 695 037, INDIA REP. BY ITS ADMINISTRATOR. (IMPLEADED AS ADDL.R2 AS PER ORDER IN I.A.11431/08 DT. 24.9.2008). ADV. SRI.THOMAS ABRAHAM FOR R2 SRI.DIPU.R FOR R2 SMT.MERCIAMMA MATHEW FOR R2 SRI.K.S.HARIDAS FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23264 OF 2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE CONSTITUTION OF ST.JOHN AMBULANCE ASSOCIATION KERALA STATE CENTRE. EXT.P2 : TRUE COPY OF THE GO RT. NO.3636/2004/H AND FWD DATED 31.12.2004. EXT.P3 : TRUE COPY OF THE GO RT.NO.2475/2008/H AND FWD DATED 28.7.2008. KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.23264 of 2008 ---------------------------------------------- Dated 2nd February, 2009. J U D G M E N T Petitioner is aggrieved by Ext.P3 order whereby the committee in management of the petitioner society has been resolved and an adhoc committee has been put in charge. There is an interim order ever since 4.8.2008. One of the main grievances is that the petitioner society and the additional second respondent-Indian Red Cross Society are two independent entities. It is also contended that as per Ext.P3, in fact the petitioner society has not been touched also. But apparently, the impugned order has been issued under the impression that the petitioner society and additional second respondent society are one and the same. At any rate, no opportunity for hearing was given to the petitioner while passing the impugned order. In view of the apparent position as above, the impugned order as far as the petitioner is concerned is set aside, without prejudice to the liberty to the first respondent, if required to pass appropriate fresh orders in the matter with notice to the petitioner. Needless to say that Ext.P2 also does not have any bearing on the WP(C) NO.23264/08 2 petitioner society. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.23264 of 2008 ---------------------------------------------- J U D G M E N T Dated 2nd February, 2009.