IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 OP(C).No. 211 of 2010(O) ------------------------ IA NO.1420/2010 IN OS.196/2010 of SUB COURT, MAVELIKKARA .................... PETITIONER (S): -------------------- ANEESH, AGED 23 YEARS, S/O.ANANDAN, PUTHENPURAYIL HOUSE, ERICKAVU, KARTHIKAPPALLY, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- 1. S.N.D.P. UNION, KARTHIKAPPALLY, REP. BY ITS SECRETARY, KARTHIKAPPALLY, HARIPPAD, PIN 690 914. 2. KUMARAPURAM KAVARATTU SREE MAHADEVA KSHETRA YOGAM, REP. BY ITS CONVENOR, KUMARAPURAM, HARIPAD, PIN 69- 914. 3. S.N.D.P. BRANCH NO.812, REP. BY ITS SECRETARY, KUMARAPURAM, HARIPAD, PIN 69- 914. 4. ADVOCATE COMMISSIONER/RETURNING OFFICER, KAVARATTU TEMPLE COMMITTEE ELECTION, KAVARATTU, THAMALLACKAL, KUMARAPURAM, ALAPPUZHA, PIN 690 914. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.211 of 2010 -------------------------------------- Dated this the 6th day of October, 2010. JUDGMENT Plaintiff in O.S.No.196 of 2010 of the court of learned Sub Judge, Mavelikkara is the petitioner before me. He sued respondents for a decree for mandatory injunction to direct respondents to take steps to call the names of representatives of respondent No.3 to the general body of respondent No.2 and direct respondent No.3 to issue list containing the names of representatives to respondent No.2 before election is conducted to the governing body of respondent No.2. There was also a prayer for prohibitory injunction to restrain respondents from conducting election to the committee of respondent No.2 till election of representatives of respondent No.3 is over. Petitioner filed I.A.No.1210 of 2010 (Ext.P3) for mandatory injunction in the above line. Learned Sub Judge appointed an Advocate Commissioner to conduct election to the governing body of respondent No.2. In the meantime, in view of the submission made by petitioner regarding non-furnishing of list of representatives of respondent No.3 to respondent No.2 petitioner was directed to make appropriate representation to the Advocate Commissioner (respondent No.4). Accordingly petitioner made Ext.P4, representation and respondent No.3 made Ext.P5, representation to the Advocate Commissioner (respondent No.4). But there was no response from the Advocate Commissioner on Exts.P4 and P5. Thereon petitioner filed I.A.No.1420 of 2010 before the learned Sub Judge to OP(C) No.211/2010 2 advance hearing of the case from 06.10.2010. That application was dismissed vide Ext.P7, order dated 30.09.2010. Hence this petition seeking a direction to the respondents to take steps to call list of representatives of respondent No.3 to the general body of respondent No.2 before conducting election to the governing body of respondent No.2. Learned counsel states that election is scheduled to be held on on 09.10.2010 without calling the list of representatives of respondent No.3 as required under Clause 7(1) of the Constitution governing the organization. 2. Challenge is to Ext.P7, order dismissing the application to advance hearing of the case. Admittedly there was no prayer seeking a direction to the Advocate Commissioner to consider Exts.P4 and P5, representations and what was asked for was to advance hearing of the case. In the facts and circumstances of the case it was open to the petitioner to move appropriate application before learned Sub Judge if the Advocate Commissioner had not responded to Exts.4 and P5, representations. Learned Sub Judge has dismissed the application to advance hearing of the case by a one-word order, “I.A. dismissed”. Learned Sub Judge was bound to consider the grievance of petitioner when an application for temporary injunction was pending consideration. That was not done. If petitioner is apprehensive that before the scheduled date for conduct of election to the governing body of respondent No.2 list of representatives of respondent No.3 as required under Clause 7(1) of the Constitution of the organization will not be called for, it is open to him to seek OP(C) No.211/2010 3 appropriate relief from the learned Sub Judge and the learned Sub Judge has the authority and jurisdiction to pass appropriate orders as circumstances warranted. Without prejudice to the right of petitioner to seek appropriate relief from learned Sub Judge, Mavelikkara this petition is closed. THOMAS P.JOSEPH, Judge. cks