IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26040 of 2009(O) -------------------------- OP.198/2009 of D.C. & SESSIONS COURT,KOZHIKODE .................... PETITIONERS: --------------- 1. ASSOCIATION FOR WELFARE OF THE HANDICAPPED, REG. NO.26/1975,17/194 A M" SQUARE COMPLEX, PAVAMANI ROAD, KASBA AMSOM, KARIAKUNNU DESOM OF KOZHIKODE TALUK, KOZHIKODE DIST. REP. BY ITS SECRETARY. DR. C.P. ABOOBACKER, A/O. AYAMMEDKUTTY. 2. DR.C.P. ABOOBACKER, S/O. AYAMMEDKUTTY, AGED 58 YEARS, SECRETARY, ASSOCIATION FOR WELFARE OF THE HANDICAPPED, RESIDING AT SHAMSUL KHAIR POONGOTTUKULAM, TIRUR, THRIKKANDIYOOR AMSOM ANNARA DESOM OF TIRUR TALUK, MALAPPURAM DIST. 3. K.P. MOHAMMED, S/O. MOIDEEN KOYA, AGED 53 YEARS, RESIDING AT DHANIYA CHEVAYOOR AMSOM DESOM P.O., CHEVAYUR, CALICUT-17. 4. N.T. MOHAMMED ALI, S/O. MUHAMMED KUTTY, AGED 66 YEARS, DHAYA MANZIL, KACHERIPADI, VENGARA, MALAPPURAM DIST. 5. P.AHAMMED KOYA, S/O. ABDURAHIMAN KUTTY, AGED 62 YEARS, 18/1057, AMAAN KASBA AMSOM DESOM, PUTHIYARA P.O., KOZHIKODE-4. 6. K.M. FARIYA, D/O. ALIKOYA, AGED 38 YEARS, PUTHENVEEDU, CHALIYAM P.O., CALICUT 673 301. 7. V.THAHIRA, D/O. V.S.A THANGAL, AGED 43 YEARS, VARAYALIL HOUSE, AYANCHERI, VADAKARA TALUK, KOZHIKODE DISTRICT. WPC 26040/09 8. V.K. BAVA, S/O. ABDULLA KOYA HAJI, AGED 54 YEARS, KULANGARA HOUSE, FEROKE AMSOM DESOM, KOZHIKODE TALUK. 9. K. ZEENATH, D/O. K.P. ABDUL KHADER, AGED 42 YEARS, 22/1202, THIRUVANNUR, KOZHIKODE. 10. K.K. MOHAMMED ZAHIR, S/O. AHAMMED KUTTY, AGED 43 YEARS, 22/382, WOOD ROSE, THIRUVANNOOR P.O., KOZHIKODE 673 029. 11. PARAYARUKANDY SAIDUTTY, S/O. MOIDEEN, AGED 58 YEARS, KOUSER MANZIL, PUVATTUPARAMBA P.O., KOZHIKODE-08. 12. ABDUL SALEEM C.C., S/O. KOYAN KUTTY S, AGED 45 YEARS, BUNGALOW, P.O. CHALIYAM, KOZHIKODE-01. 13. ABDUSHUKKUR THALATHIL, S/O. T.HUSSAIN, AGED 53 YEARS, THALATHIL , NANJILATH, KODIYATHOOR P.O., MUKKAM, KOZHIKODE. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S): --------------- 1. DR. KUNHAMMEDKUTTY, S/O. MUNHIMOIDEENKUTTY HAJI, AGED 67 YEARS DOCTOR, RES. AT THRIKKOT VEED, V.K.K.MENON ROAD, PANNIYANKARA AMSOM AND DESOM OF KOZHIKODE TALUK, KOZHIKODE DISTRICT. 2. ASSOCIATION FOR WELFARE OF HANDICAPPED REG. NO.26/1975, 17/194 A M.SQUARE COMPLEX, PAVAMANI ROAD, KASBA AMSOM, KARIKUNNU DESOM OF KOZHIKDE TALUK, KOZHIKODE DISTRICT, REP. BY ITS SECRETARY, T.MOHAMMED, S/O. AHAMMED, AGED 64 YEARS. 3. T.MOHAMMED,S/O. AHAMMED AGED 64 YEARS, PRIVATE EMPLOYEE RESIDING AT 11/49 A, MYSHA, PNTHALAYANI KOYILANDI, KOZHIKODE DIST. PANTHALAYANI AMSOM AND DESOM OF KOYILANDI TALUK, KOZHIKODE DIST. WPC 26040/09 4. K.AHAMMED, S/O. BAVA HAJI, AGED 56 YEARS BUSINESS, RES. AT KOODATHIL HOUSE,NANDI, KADALUR AMSOM VANMUKHAM DESOM, KADALUR VILLAGE, KOYILANDY TALUK, KOZHIKODE DIST. 5. T.K. THAHIR, S/O. P.M. PAKKI HAJI, AGED 58 YEARS,BUSINESS, RES. AT MANNAR VEEDU, KALLAI P.O., PANNIYANKARA AMSOM DESOM, OF KOZHIKODE TALUK. 6. E.MOHAMMED ASHRAF,S/O. MUHAMMED AGED 53 YEARS, BUSINESS, RESIDING AT EDAPPATTA HOUSE, PULLANKODE P.O., SRANBIKALLU, MALAPPURAM DIST. 7. P. KUNHAMMED, S/O. POCKER, AGED 66 YEARS, P.O. PAYYOLI MELADI, QUILANDY, KOZHIKODE DIST. 8. M. ABDURAHIMAN, S/O. KUTTIYAMU, AGED 55 YEARS, MALIYATHARAKKAL HOUSE, KODIYATHUR P.O., MUKKAM, KOZHIKODE, 673 602, KODIYATHUR AMSOM, AND DESOM OF KOZHIKODE TALUK. 9. E. HARIDAS, RETURNING OFFICER, ASSOCIATION FOR WELFARE OF HANDICAPPED, M' SQUARE COMPLEX, PAVAMANI ROAD, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26040 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 16th September, 2009 JUDGMENT The Writ Petition is filed seeking the following reliefs: 1. To call for the records leading to Exhibit P2. 2. To issue appropriate order or direction and set aside Ext.P2. 3. To issue appropriate order or direction transferring O.S.Nos.187/08, 226/08, 228/08, 365/08, 368/08 & 537/08, to be tried along with O.S.No.179/08 pending on the file of the Additional Sub Court-III, Kozhikode, to be disposed within a time frame to be fixed by this Hon'ble Court. 2. The petitioners had moved a transfer petition as O.P. (Transfer)No.198 of 2009 before the District Court, Kozhikode seeking withdrawal and transfer of O.S.No.187 of 2008 on the file of the Additional Munsiff Court-II, Kozhikode and O.S.Nos.226 of 2008, 228 of 2008, 365 of 2008 & 388 of 2008, all of them pending on the file of the Principal Munsiff Court-II, Kozhikode to the III Additional Sub Court, Kozhikode for joint trial with O.S.No.179 of 2008 pending before that court. The respondents opposed that application. The learned District Judge, after hearing both sides, dismissed the application by P2 order. Propriety and correctness of P2 order is W.P.C.No.26040/09 - 2 - challenged in the Writ Petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioners. Having regard to the submissions made and taking note of the facts and the circumstances presented, I find no notice to the respondents is necessary and it is dispensed with. According to the learned counsel for the petitioners, 7 suits are pending in three different courts in respect of the very same subject matter which relate to the management and administration of the first petitioner-association. Election of the office bearers to the executive committee of the above association for a period of three years from 2008 to 2011, according to the counsel, is the major issue in all the suits. Though the learned District Judge found that there is identity of issues in all the suits, the petition was dismissed in view of the directions given by this court in Writ Petition No.15006 of 2009 fixing a time limit for the trial and disposal of the cases covered by that petition. According to the learned counsel, the interest of justice demands transfer of the cases covered by the transfer petition also to the III Additional Sub Court, Kozhikode for joint trial with O.S.No.179 of 2009 pending before that court. Perusing P2 order with reference to the submissions made by the learned counsel for the petitioners, I find, the request for transfer of the cases sought for by the petitioners was rightly and correctly W.P.C.No.26040/09 - 3 - declined by the learned District Judge. It is noticed that some of the suits sought to be transferred are not ripe for trial. Admittedly, in the Writ Petition in which transfer of some cases were ordered to be disposed of expeditiously, directing the parties to cooperate for such speedy disposal of the cases within the time limit fixed. If there are connected suits in which identity of issues are involved, it is open to any of the parties to seek a stay of the trial of such suit under Section 10 of the C.P.C., if the suits already listed for trial have been previously instituted, to avoid multiplicity of proceedings and conflicting decisions. In respect of an election to the office bearers of the first petitioner-association, several persons have instituted a number of suits in various courts is no ground that all such cases require to be transferred to one court for joint trial. Naturally, in all probabilities, a decision after trial of the cases, which are already listed, may have decisive effect on other pending suits, some of which are not even ripe for trial. In any view of the matter, I find the request for transfer of the cases as desired by the petitioners cannot be granted. Writ Petition lacks merit, and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE