IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 24060 of 2011(F) ----------------------------------------- PETITIONER(S): ------------------------- JOBY THOMAS, MOOLAPARAMBIL, PEROOR.P.O, KOTTAYAM - 686 637. BY ADVS. SRI.B.S.SWATHY KUMAR, SMT.ANITHA RAVINDRAN, SMT.M.G.AISHWARYA. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. INDIAN RED CROSS SOCIETY,KERALA STATE BRANCH, RED CROSS ROAD, GENERAL HOSPITAL JUNCTION, VANCHIYOOR.P.O, THIRUVANANTHAPURAM - 695 037, REPRESENTED BY THE OFFICER IN CHARGE OF ADMINISTRATOR. 3. THE DISTRICT COLLECTOR, KOTTAYAM - 686 001. 4. BABU.S. PRASAD, SECRETARY, INDIAN RED CROSS SOCIETY, KOTTAYAM BRANCH, RED CROSS TOWER, KOTTAYAM - 686 001. 5. INDIAN RED CROSS SOCIETY, KOTTAYAM BRANCH, RED CROSS TOWER, KOTTAYAM - 686 001, REPRESENTED BY ITS SECRETARY. R1 & R3 BY SR. GOVERNMENT PLEADER SMT. M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.24060/2011 F APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1- TRUE COPY OF THE IDENTITY CARD NO. 145/2010 OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P2- TRUE COPY OF THE LETTER NO.N. 12017/1/09/SS/9462 DATED 02/09/2009. EXHIBIT-P3 -TRUE COPY OF THE RELEVANT PAGES OF THE RULE REGARDING ELECTION TO THE DISTRICT BRANCHES OF THE 2ND RESPONDENT. EXHIBITP-P4 -TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 25/08/2011. EXHIBIT-P5 -TRUE COPY OF THE PUBLICATION ISSUED BY THE 4TH RESPONDENT IN THE CAPACITY OF THE SECRETARY OF THE 5TH RESPONDENT. EXHIBIT-P6- TRUE COPY OF THE PETITION FILED BY JEEVAN THOMAS DATED 07/06/2011. EXHIBITP7- TRUE COPY OF THE PETITION FLIED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 28/08/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 24060 of 2011 F ``````````````````````````````````````````````````````````` Dated this the 20th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ The controversy raised in this writ petition is regarding the election of the fourth respondent as the Secretary of the fifth respondent and the other office bearers of the managing committee. 2. Case of the petitioner is that election allegedly held on 24.08.2011, never took place and that therefore the administration of the fifth respondent is liable to be taken over in terms of the provisions contained in clause 12 of Ext.P3 bye-laws. It is stated that seeking the aforesaid relief, he has already moved the fifth respondent by filing Ext.P7. In this writ petition, what is sought for by the petitioner is a direction to consider Ext.P7. 3. In the nature of the prayer sought for by the petitioner, the only order that is required is that the second respondent, who is stated to be the officer competent to W.P.(C) No.24060/11 : 2 : consider Ext.P7, to consider the same in accordance with law and with notice to the petitioner, the fourth respondent and the office members of the managing committee of the fifth respondent. This the second respondent shall do as expeditiously as possible and at any rate, within eight weeks from the date of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/20/09 // True Copy // P.A. To Judge