IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 37388 of 2007(A) -------------------------- OS.250/2007 of ADDL.SUB COURT, IRINJALAKUDA .................... PETITIONERS: ------------ 1. HINDU DHARMAPARAKASHINI SAMAJAM, EDATHIRINJI VILLAGE, MUKUNDAPURAM TALUK, REP. BY PRESIDENT, RAJAN, S/O.VIRUTHIPARAMBIL VELAPPAN, AGED 65 YEARS, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK. 2. SECRETARY, VISWAMBHARAN, S/O.KAVALLUR SANKU, MANAVALASSERRY VILLAGE, MUKUNDAPURAM TALUK. 3. NARAYANAN, (TREASURER), S/O.ANAKKATHIPARAMBIL AYYAPPAN, MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ------------------ 1. AJAYAN, S/O.PONNAMBILLY KESAVAN, EDATHIRINJI VILLAGE & DESOM, MUKUNDAPURAM TALUK. 2. VINOD, S/O.THAZHATHPARA VASU, PADIYUR VILLAGE, MUKUNDAPURAM TALUK. 3. UNNIKRISHNAN MASTER, EDASSERY, PARIYUR VILLAGE, MUKUNDAPURAM TALUK. 4. SREEJITH, S/O.EDATHIRINJI THILAKAN, PADIYUR VILLAGE, MUKUNDAPURAM TALUK. 5. MOHANAN, S/O.PATHARATH VEETIL VIJAYAN, EDATHIRINJI VILLAGE, DESOM, MUKUNDAPURAM TALUK. (5TH RESPONDENT IS DELETED FROM PARTY AT THE RISK OF THE WRIT PETITIONER AS PER ORDER IN I.A.3462/08, DATED 12-3-08.) BY ADV. SRI.T.N.MANOJ FOR R1 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1:- TRUE COPY OF THE MEMORANDUM OF RFA NO.41/06 BEFORE THE HONOURABLE HIGH COURT. EXT.P2:- TRUE COPY OF ORDER IN I.A.1429/07, I.A.1430/07 & I.A.1431/07 IN O.S.250/07 DATED 13.07.07 OF THE SUB COURT, IRINJALAKUDA. EXT.P3:- TRUE COPY OF ORDER IN I.A.NO.3866/07 IN RFA NO.41/2006 DATED 7.11.2007. true copy P.S to Judge M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.37388 OF 2007 =========================== Dated this the 21st day of May, 2008 JUDGMENT Petitioners are the plaintiffs in O.S.250/2007 on the file of Sub Court, Irinjalakuda. Suit is one for injunction restraining respondents from causing obstruction to the election. I.A.1429/2007 was filed under Rule 1 of Order XXXIX for an order of temporary injunction restraining respondents from causing obstruction to the election. I.A.1430/07 was filed for appointment of a Commission to conduct the election sought for in I.A.1429/07. I.A.1431/07 was filed for police aid to the Commissioner to conduct the election. As per Ext.P2 order dated 13.7.07, learned Sub Judge dismissed all the petitions. Though an appeal is provided against the order in I.A.1429/07, as provided under Order XLIII Rule 1(r) of CPC, no appeal was filed. This petition is filed under Article 227 of the Constitution of India to quash W.P.(C)37388/07 2 Ext.P2 order and to direct Sub Court, Irinjalakuda to appoint a Commission and also to grant police assistance for the conduct of general body meeting to be fixed by the court. When an appeal is provided against the order in I.A.1429/07, which was disposed under Ext.P2 order it cannot be challenged in a petition filed under Article 227 of the Constitution of India. The question of appointing a Commission as sought for in I.A.1430/07 cannot be granted when the order dismissing I.A.1429/07 was not challenged. So also no police assistance as sought for can be granted in view of Ext.P2 order. Learned counsel appearing for petitioners submitted that learned Sub Judge may be directed to dispose the suit expeditiously as no election was conducted after the expiry of the period in January, 2006. In such circumstance, petition is dismissed. Learned Sub Judge is directed to dispose the suit as expeditiously as possible, untrammelled by any observation herein. M.SASIDHARAN NAMBIAR JUDGE tpl/- W.P.(C)37388/07 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006