IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 OP(C).No. 3816 of 2011(O) --------------------------------------- (O.S.NO.536/2009 OF SUB COURT, THALASSERY) ..... PETITIONER(S): -------------------------- 1. T.P.VINAYAN,S/O.DAMODARAN, CHULLIYIL HOUSE, KUTHUPARAMBA AMSOM, MOORIYAD DESOM, KANNUR DISTRICT. 2. N.P.MAMOOTTY, S/O.IBRAHIM, RESIDING AT PATTARKANDY HOUSE, KANDAMKUNNU AMSOM, NEERVELI DESOM, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------------------- 1. KUTHUPARAMBA HIGH SCHOOL SOCIETY (REGD.) REPRESENTED BY ITS PRESIDENT, THOKKILANGADI, KUTHUPARAMBA AMSOM, THOKKILANGADI DESOM, KANNUR DISTRICT 670 001. 2. KUTHUPARAMBA HIGH SCHOOL SOCIETY (REGD), KUTHUPARAMBA AMSOM, THOKKILANGADI DESOM, KANNUR DISTRICT 670 001. 3. R.K.RAGHAVAN, S/O.ANDI, SECRETARY, KUTHUPARAMBA HIGH SCHOOL SOCIETY, KUTHUPARAMBA AMSOM, THOKKILANGADI DESOM, KANNUR DISTRICT 670 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3816/2011 O APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF THE PLAINT IN OS.536/09 ON THE FILE OF THE SUB COURT, THALASSERY. EXT.P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 1 TO 3 IN THE SUIT, THE RESPONDENT I TO 3 HEREIN. EXT.P3 A TRUE COPY OF THE LIST OF MEMEBRS VOTERS OF THE SOCIETY. EXT.P4 A TRUE COPY OF THE LIST OF MEMEBRS PUBLISHED BY THE 3RD RESPONDENT. EXT.P5 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF THE SOCIETY. EXT.P6 A TRUE COPY OF THE RULES AND REGULATIONS OF THE SOCIETY ORIGINALLY EXISTED. EXT.P7 A TRUE COPY OF THE AMENDMENT CARRIED OUT TO THE RULES AND REGULATIONS APPROVED AS DEMANDED BY THE 3RD RESPONDENT ON 13.10.2001. EXT.P8 A TRUE COPY OF THE AMENDMENT REGISTERED AS PER THE PROPOSAL SUBMITTED BY THE 3RD RESPONDENT AS IF ON THE STRENGTH OF THE RESOLUTION OF THE GENERAL BODY. EXT.P9 A TRUE COPY OF THE IA 3706/11 AND AFFIDAVIT. EXT.P10 A TRUE COPY OF THE AFFIDAVIT FILED BY PETITION IA.3707/11 OS.536/09. EXT.P11: A TRUE COPY OF THE AFFIDAVIT AND PETITION I.A.NO.3708 OF 2011 IN O.S.NO.536 OF 2009 OF THE SUB COURT, THALASSERY. EXT.P12: A TRUE COPY OF THE NOTIFICATION SCHEDULING THE ELECTION. RESPONDENTS' EXHIBITS : N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3816 of 2011 --------------------------------------- Dated this 24th day of November, 2011 JUDGMENT Petitioners are the plaintiffs in O.S.No.536 of 2009 of the Court of learned Sub Judge, Thalassery. That suit concerns the first respondent, a registered society and preparation of members/voters list. Petitioners have prayed for a declaration that third respondent is not competent to continue as a member and for appointment of a receiver. Respondent filed Ext.P2, written statement. Third respondent, while so, published a list of 399 members. According to the petitioners, the list is illegal and based on the list respondents are taking steps to conduct fresh election. Petitioners filed Exts.P9, P10 and P11, applications for advancing hearing, for a direction to the respondent to produce documents showing receipt of `.5,000/- each from the 399 members shown in the list published by the third respondent and for an order of injunction against conduct of election. Grievance of petitioners is that now the election is scheduled to be held on 11.12.2011 but Exts.P9, P10 and P11, applications have not so far been disposed of. O.P(C).No.3816 of 2011 -: 2 :- 2. Learned counsel submits that the said applications are now posted on 26.11.2011 and unless the applications are disposed of, it may be possible for the respondents to conduct election on 11.12.2011 on the strength of the list which according to the petitioners is illegal. 3. Having heard learned counsel, I am inclined to think that Exts.P9, P10 and P11, applications, if the same are not disposed of, are to be disposed of as early as possible having regard to the fact that election is scheduled to be held on 11.12.2011. Resultantly this original petition is disposed of directing the learned Sub Judge, Thalassery to dispose of Exts.P9, P10 and P11, applications as early as possible having regard to the fact that election is scheduled to be held on 11.12.2011. (THOMAS P. JOSEPH, JUDGE) Sbna/-