IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 29671 of 2008(G) -------------------------- AS.188/2007 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER: D.DHARMARAJAN,S/O. M.K.DAMODARAN RESIDING AT VASANTHA VILASAM, ARASUMMOODU, KULATHUR P.O., THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA SRI.MAHESH ANANDAKUTTAN RESPONDENTS: 1. KOLATHUKARA KSHETRA SAMAJAM (REGD NO.30/1959) REPRESENTED BY IT'S SECRETARY SIVAKSHETRA COMPOUND, KULATHUR, THIRUVANANTHAPURAM. 2. T.O.VASUDEVAN VAIDYAN, S/O.KOCHUMMUNI, THOPPIL VEEDU, MUKKOLACKAL, KAZHAKUTTOM P.O. THIRUVANANTHAPURAM. 3. A.SIVASWANTHAN, S/O.ACHUTHAN, EDIVEENAVILAKAM, KULATHUR P.O., THIRUVANANTHAPURAM. 4. G.CHAKRAPANI, S/O.GOVINDAN, KOCHUVEEDU, PUTHVAL, MANACAUD, KULATHUR P.O., THIRUVANANTHAPURAM. 5. B.MANGALANANDAN, S/O.BHARGAVAN, PARAYIL VEEDU, KULATHUR P.O., THIRUVANANTHAPURAM. 6. M.MOHANDAS, S/O.MADHAVAN, KURUPPAN VILAKAM, KULATHUR P.O., THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 29671 of 2008 ========================== Dated this the 16th day of October, 2008. JUDGMENT The petitioner who is the plaintiff in O.S. No. 612 of 2005 on the file of the Principal Sub Court, Thiruvananthapuram has filed an appeal as A.S. No. 188 of 2007 before the First Additional District Court, Thiruvananthapuram consequent on the dismissal of the the suit as not maintainable by answering the issue regarding the maintainability of the suit as a preliminary issue. The grievance of the petitioner is that even though the appeal is ripe for hearing, the same is not being disposed of. The suit was one for declaration that the entire election process commencing from the issue of notice till the declaration of the result and the constitution of the new committee for the first defendant Samajam are ultra vires and illegal. 2. In the fitness of things, the said appeal is to be disposed of expeditiously or else if the plaintiff has to ultimately succeed in the suit, he may be visited with a fait accomply. W.P.(C) No. 29671/2008 : 2: 2. Accordingly, this writ petition is disposed of directing the First Additional District Court, Thiruvananthapuram to dispose of A.S. No. 188 of 2007 expeditiously and at any rate before the expiry of two months of receipt of a copy of this judgment. The registry shall send a copy of this judgment to the learned I Additional District Judge in a personal cover for information and compliance. In case the learned Judge is not able to dispose of the appeal within the above time limit, he shall send a report to the registry of this Court explaining the reasons as to why the above time limit could not be adhered to. This writ petition is disposed of as above. Dated this the 16th day of October, 2008. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 29671/2008 : 3: W.P.(C) No. 29671/2008 : 4: