IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 17902 of 2010(O) -------------------------- CMA.6/2010 of SUB COURT,NEYYATTINKARA O.S.NO.485/2009 OF MUNSIFF COURT, NEYYATTINKARA .................... PETITIONER(S): --------------- 1. WILSON LASER, HOUSE NO.X/130,AVIKKUZHY VEEDU, OLATHANNY,NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 2. JOSE S.WILSON, HOUSE NO.X/130, AVIKKUZHY VEEDU, OLATHANNY, NEYYATTINKARA P.O.,THIRUVANANTHAPURAM. 3. K.SANTHI,RESIDING AT HOUSE NO.XXXI/111 AVIKKUZHY VEEDU, OLATHANNY, NEYYTTINKARA P.O. THIRUVANANTHAPURAM. BY ADV. SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE SRI.M.CHANDRA BOSE SRI.A.RAJASIMHAN RESPONDENT(S): --------------- 1. MARY MATHA EDUCATION SOCIETY, REGD NO.T.284/9,PALIYODY, DALUMUGHAAM P.O., NEYYATTINKARA, THIRUVANANTHAPURAM REPRESENTED BY ITS CHAIRMAN R.MURUGAN. 2. R.MURUGAN,CHAIRMAN, MARY MATHA EDUCATION SOCIETY, RESIDING AT RAJKOT, THYCAUD, THIRUVANANTHAPURAM. 3. M.CELINE, RESIDING AT HOUSE NO.X/130, AVIKKUZHY VEEDU,OLATHANNY,NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 4. S.SHEEJA,RESIDING AT HOUSE NO.X/130, AVIKKUZHY VEEDU, OLATHANNY NEYYATTINKARA P.O., THIRUVANANTHAPURAM. WP(C) NO.17902/2010 2 5. A.P.AJITH, MEENACHIRA ROADARIKATHU VEEDU, PULIYARKONAM, DALUMUGHAM NEYYATTINKARA P.O. NOW RESIDING AT USHUS, VARUVILA, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. 6. W. YESUDASAN, RESIDING AT HOUSE NO. IX/193, AVIKKUZHY VEEDU,OLATHANNY, NEYYATTINKARA P.O.,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.17902 of 2010 -------------------------------------- Dated this the 9th day of June, 2010. JUDGMENT Petitioners are defendant Nos.1 to 3 in O.S.No.485 of 2009 of the court of learned Munsiff,Neyyattinkara and appellants in C.M.A.No.6 of 2010 of the court of learned Sub Judge, Neyyattinkara. That was a suit filed by respondent Nos.1 and 2 seeking decree for prohibitory injunction against petitioners and respondent Nos.3 to 6 trespassing into the suit property claiming that they have no right or interest with respondent No.1, a society of which respondent No.2 claimed to be the chairman. In the course of that suit petitioners had been to this Court with W.P.(C) No.7334 of 2009 and this Court as per judgment dated 23.03.2009 directed convening of governing body meeting of respondent No.1 in the presence of Advocate Commissioner and accordingly the meeting was convened. Along with the suit respondent Nos.1 and 2 filed I.A.No.3141 of 2009 seeking an order of temporary injunction as prayed for in the plaint against petitioners and respondent Nos.3 to 6. That application was allowed by the learned Munsiff and accordingly there is an order restraining petitioners and respondent Nos.3 to 6 from trespassing into the suit property or interfering with affairs of respondent No.1, society. That order is under challenge in the appellate court at the instance of petitioners in C.M.A.No.6 of 2010 which is pending consideration of that court. Prayer in this Writ Petition is to issue an order allowing petitioners to attend the governing body meeting and participate WP(C) No.17902/2010 2 in the management and other functions of the society (respondent No.1) till the Civil Miscellaneous Appeal is disposed of by learned Sub Judge. Learned Senior Advocate appearing for petitioners contended that in view of the previous orders passed by this Court petitioners are entitled to take part in the governing body meeting scheduled to be held immediately. Learned Senior Advocate has referred me to the prayer made by respondent Nos.1 and 2 in O.S.No.801 of 2008 that petitioners may be restrained and prohibited from entering the suit property “except during the officials hours” which the learned Senior Advocate say, indicated that even according to respondent Nos. 1 and 2, petitioners are entitled to enter premises of respondent No.1 during official hours and attend the meeting of the governing body. 2. It is seen from Ext.P2, order on I.A.No.3141 of 2009 that the learned Munsiff has entered a finding that petitioners ceased to have any interest in respondent No.1 (the society) since 05.06.2008 and that respondent No.2 was elected Chairman of respondent No.1. It is on that finding that learned Munsiff found that petitioners have no business with respondent No.1 and are not entitled to enter its premises. True that petitioners have their contention that finding entered by learned Munsiff is not correct. But correctness of that finding and order are to be agitated in C.M.A.No.6 of 2010. It is not proper for this Court, in the above circumstances to go into the disputed questions and grant WP(C) No.17902/2010 3 reliefs prayed for. It is open to the petitioners either to seek early disposal of C.M.A.No.6 of 2010 or seek appropriate relief by way of interim orders and as circumstances may warrant, in C.M.A.No.6 of 2010. Resultantly, the Writ Petition is disposed of without prejudice to the right of petitioners to seek early disposal of C.M.A.No.6 of 2010 or to seek other appropriate reliefs in the said appeal if petitioners are otherwise entitled to that. THOMAS P.JOSEPH, Judge. cks