IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35240 of 2009(O) --------------------------------------- OS.NO.2442/2009 of MUNSIFF COURT,THRISSUR .................... PETITIONER(S): ------------------------ T.R. KRISHNAN, S/O.T.R. RANGANATHA IYER, RETD. EXECUTIVE ENGINEER, PWD, COUNCIL MEMBER- THE INSTITUTION OF ENGINEERS (INDIA), VRINDAVAN, SHORNUR ROAD, THRISSUR-680 022. BY ADV. MR.D.KRISHNA PRASAD MR.D.NARENDRANATH SMT.O.K.SANTHA SMT.P.L.MARY TREASA RESPONDENT(S): -------------------------- 1. DR.D. BALAKRISHNAN, JOINT DIRECTOR(RETD.), CHAIRMAN-THE INSTITUTION OF ENGINEERS(INDIA), KERALA STATE CENTRE, ARUN-VIYOOR P.O., THRISSUR-680 010. 2. S. RADHAKRISHNAN, HON.SECRETARY, THE INSTITUTION OF ENGINEERS(INDIA) KERALA STATE CENTRE, OBSERVATORY HILL, THIRUVANANTHAPURAM-695 033. 3. P. PURUSHOTHAMAN NAIR, CONVENOR-BOARD OF SCRUTINEERS FOR ELECTION, THE INSTITUTION OF ENGINEERS (INDIA), KERALA STATE CENTRE, "AMARAVATHY", BEHIND DEVI TEMPLE, ATTINKUZHY-KAZHAKKOTTAM P.O., THIRUVNANTHAPURAM-695 582. 4. N.T. NAIR, MEMBER, B.O.S FOR ELECTION, "RADHEYAM" -18, PTP NAGAR, THIRUVANANTHAPURAM-695 038. WP(C).No. 35240 of 2009(O) 5. MURALI MOHANLAL, EXECUTIVE ENGINEER, K.S.E.B.(RETD.), MADHAVA MANGALAM, 14/651-OBSERVATORY HILL, THIRUVANANTHAPURAM-695 032. 6. R. SREEKUMARAN NAIR, ENGINEER-T.C.2/564, "ANJALI", MADATHUVILA LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011. 7. DR.K. SURENDRAN, T.C.14/550, "KALLARAVILAKAM", NANDAVANAM, PALAYAM P.O., THIRUVANANTHAPURAM-695 033. 8. V. VIMAL PRAKASH, T.C.24/1981-RAJENDRA VARKALA RADHAKRISHNAN ROAD, THYCAUD P.O., TRIVANDRUM-695 014. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.35240 OF 2009 -------------------------------- Dated this the 8th day of December 2009 ---------------------------------------------------------- JUDGMENT Petitioner is the plaintiff in O.S No.2442 of 2009 on the file of the Munsiff court, Thrissur. Suit is for declaration and for injunction, both prohibitory mandatory, and the respondents are the defendants. Election to the council membership of one institution conducted by defendants 1 to 7 in which the 8th respondent is stated to have been elected is challenged in the suit by the plaintiff contending that the entire election process is vitiated. With the suit, the plaintiff has moved an application for interim injunction to restrain the 8th defendant from assuming office of the elected post. Grievance espoused by the petitioner is that despite several posting on the interlocutory application and even after the respondents filed their objections to that application, there is delay in hearing and disposing that petition. Petitioner seeks issue of a writ/order/direction from this court to the court below for an expeditious disposal of his interlocutory application (Ext.P2), invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution W.P.(C).No.35240 OF 2009 of India. 2. Having regard to the submissions made by the counsel for the petitioner with reference to the materials tendered in the writ petition, I find no notice to the respondents is necessary and hence it is dispensed with. The court below is directed to hear and dispose Ext.P2 application within three weeks from the date of receipt/production of a copy of this judgment. The learned counsel submits that the assumption of office by the 8th respondent to the elected post is fixed on 13/12/2009 and so much so, even if a favourable order is given in Ext.P2 application, beyond that date, it may not serve any purpose. Petitioner can canvass before the court, in the hearing of his Ext.P2 application that the assumption of office of the 8th respondent shall be subject to the orders to be passed on the application pending consideration before the court. The learned Munsiff is also directed to take note of the above aspect, and pass appropriate orders while disposing Ext.P2 application on its merit in accordance with law. S.S.SATHEESACHANDRAN, JUDGE