IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 5467 of 2006(A) ------------------------- AGAINST THE ORDER IN OS 48/2000 IN IA.742/2005 of MUNSIFF COURT, MAVELIKKARA .................... PETITIONERS: ---------------------- 1. SIVARAMAN, S/O.VELUTHAKUNJU, SWAMI SADANAM, VARENICKAL MURI, THEKKEKARA VILLAGE. 2. SASIDHARAN, PUTHENVEETTIL, VARENICKAL MURI, THEKKEKARA VILLAGE. BY ADV. SRI.D.AJITHKUMAR RESPONDENTS: -------------------------- 1. C.G.SUGATHAN, CHAITHANYA HOUSE, VARENICKAL MURI, THEKKEKARA VILLAGE. 2. SADASIVAN, S/O.NARAYANAN, VELIYAPARAMBIL HOUSE, DO.DO. 3. BHASKARAN, S/O.KOCHUKUTTY, HARI BHAVANAM, DO.DO. 4. SASI, S/O.RAMAKRISHNAN, MANNADAIYIL HOUSE, DO.DO. 5. ANIL, S/O.VASUDEVAN, PUTHENVILAYIL, DO.DO. 6. SUKUMARAN, S/O.KOCHURAMAN, PLAVILAYIL HOUSE, DO.DO. Kss ..2/- ...2..... WPC.NO.5467/2006 A 7. SADANANDAN, S/O.KUNJUKUNJU, PLAVILATHEKKETHIL DO.DO. 8. SARASAN, S/O.KALIDASAN, PAPPADETHU HOUSE, DO.DO. 9. GOPALAN, S/O.MADHAVAN, ANIL BHAVANAM, DO.DO. 10. DEVAKIAMMA, PLAVILAYIL HOUSE, DO.DO. 11. ERAVANKARA VISWANATHAN, EX-SECRETARY, S.N.D.P.TALUK UNION, MAVELIKKKARA. 12. VELLAPPALLY NADESAN, S.N.D.P.YOGAM GENERAL SECRETARY, KOLLAM. ADV. SRI.C.RAJENDRAN FOR R1 SRI.A.N.RAJAN BABU FOR R12 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5467/2006 A APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE AFFIDAVIT DTD. 4/04/2005. EXT.P2: COPY OF THE ORDER DTD. 7/09/2005 IN I.A.NO.742/05 IN O.S.NO.48/2000 OF THE MUNSIFF COURT, MAVELIKKARA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO.5467 OF 2006 ------------------------------------------ Dated this the 29th day of July, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India, challenging order in I.A.742 of 2005 in O.S. 48 of 2000. I.A. 742 of 2005 is filed to restore the suit after reviewing the dismissal of the suit under Order XLVII Rule 1 of Code of Civil Procedure. Under Ext.P2 order, petition was dismissed holding that main relief sought for is to set aside the election declaring that election held on 28.11.1999 is void and the period of the elected body has already expired. It was found that the other relief sought for was to conduct audit of the accounts of sakha from 1999 onwards and there is efficacious remedy for the same. 2. Learned counsel appearing for petitioners and respondents were heard. 3. The argument of the learned counsel appearing for petitioners is that learned Munsiff should have reviewed the order dismissing the petition, as the suit was dismissed on the wrong representation by the counsel that the suit is not pressed. WP(C)5467/06 2 It was argued that when the counsel himself filed an affidavit stating that as the interim relief sought for was complied with, he was under a misconception that no other relief is necessary and therefore order of dismissal of suit should have been reviewed. 4. On hearing the learned counsel and going through Ext.P2 order, I do not find any illegality or irregularity in the order warranting interference in exercise of the extraordinary powers under Article 227 of Constitution of India. Writ petition is therefore dismissed. M. SASIDHARAN NAMBIAR, JUDGE Okb/-