IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 10460 of 2009(O) -------------------------- AGAINST THE ORDER IN IA 231/2009 IN OS.40/2009 of SUB COURT,THRISSUR .................... PETITIONER(S): ------------------------- 1. T.A. MOHANA SUNDARAN, (PRESIDENT, REGENCY CLUB, TRICHUR -14) THAYYIL HOUSE, KERALAVARMA GARDENS, P.O. KANATTUKKARA, TRICHUR DISTRICT. 2. M/S. REGENCY CLUB, REPRESENTED BY IT'S PRESENT SECRETARY SRI.A.S. BABU, KUTTANELLUR, TRICHUR -14. 3. A.S. BABU, SECRETARY, REGENCY CLUB (MEMBERSHIP NO. FM 369) KUTTANELLUR, TRICHUR - 14. BY ADVS.MR.K.P.SARVOTHAMAN, MR.M.R.ARUN. RESPONDENT(S): --------------------------- BIJU MATHEW, S/O. MATHEW (MEMBERSHIP PM NO. 323, REGENCY CLUB, TRICHUR 14) PUTHUSSERYPPADY HOUSE, KALLOOR DESOM, MUKUNDAPURAM TALUK, TRICHUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2009, THE COURT ON 01/06/2009 DELIVERED THE FOLLOWING: Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.10460 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 1st June, 2009 JUDGMENT The Writ Petition is filed under Article 227 of the Constitution of India to call for the records leading to issue of Ext.P3 order and keep in abeyance of the operation of the order till disposal of O.S.No.40/09 on the file of the Sub Court (Iind Additional), Thrissur and other reliefs set out in the petition. The first petitioner is the Vice President of a Club and since the post of President is now vacant, he is officiating as President of the Club also. The term of the elected members of the Committee including the 1st petitioner was to expire on 30.4.09, on which day the new Committee has to take in management and control of the club. The bye laws of the club, copy of which is produced as Ext.P5 enable the existing President and Secretary to be nominated as additional members to the Governing Committee of the Club apart from 15 elected members, according to the 1st petitioner. Since he was officiating as the President also, he is entitled to be nominated to the new Committee as the President of the previous committee, is the case of the 1st petitioner. To prevent his nomination, a suit was filed by some members of the Club who nurtured some animosity towards him and an interim ex parte order W.P.C.No.10460/09 - 2 - of injunction was also obtained by them restraining him from holding the post of President or representing the Club as its President. The petitioners entered appearance in the suit and challenged the interim order which after hearing both sides was vacated under Ext.P9 order. Pursuant to Ext.P9 order, another member of the Club/respondent filed a fresh suit as O.S.No.40/09 before the IInd Additional Sub Court and obtained a similar order of interim injunction as passed in the previous suit. That order was also obtained ex parte, copy of which is produced as Ext.P3. It was under the circumstances the petitioners have filed the above Writ Petition seeking the reliefs thereunder, mainly staying the operation of Ext.P3 order. 2. I heard the learned counsel for the petitioners and the admissibility of the Writ Petition under Article 227 of the Constitution. Inviting my attention to clause 69 of Ext.P5 bye law, the learned counsel submits that the 1st petitioner has a vested right as officiating President to exercise all powers of the President and enjoy the privileges thereunder including the right to be nominated in the new Committee along with the elected members. Reliance was also placed by the counsel on clause 46 in Ext.P5 bye laws to sustain the claim of the 1st petitioner to be nominated in the new Committee. In the present Writ Petition this court is not concerned whether the 1st W.P.C.No.10460/09 - 3 - petitioner as an officiating President filling up the vacancy created by the elected President, in his capacity as the Vice President of the Club, has an entitlement to be nominated as a member along with the elected members in the new Committee. That is a matter to be considered and resolved by the Club in accordance with its bye laws. Prima facie, both the clauses of bye laws relied by the counsel, clauses 46 and 69, it is seen, have operation in the special contingencies stated therein, and none of them indicate that the Vice President officiating as the President has a vested right to be nominated as a member along with the elected members in the new committee. Whatever that be, the question posed for consideration in the Writ Petition is the challenge canvassed against Ext.P3 order passed by the learned Sub Judge, Thrissur. May be the petitioners are justified in contending that the plaintiff obtained Ext.P3 order after a similar attempt made by some other members in an earlier suit was thwarted with the interim injunction order passed thereunder against the petitioners were vacated after hearing parties involved in the suits. Even if that be so, that does not confer any right on the petitioners to invoke the extraordinary supervisory jurisdiction of this court to challenge Ext.P3 order without presenting the factual foundation thereof for having such a relief. Ext.P3 order was passed W.P.C.No.10460/09 - 4 - by the Ist Additional Sub Court in charge of the Iind Additional Sub Court, which is canvassed as a circumstance interdicting the petitioners from having an expeditious hearing of the petition, cannot at all be a ground to invoke the extraordinary supervisory jurisdiction of this court. It is seen, the Writ Petition was filed on the eve of the new committee taking charge of the Club. At the request of the petitioners, the Writ Petition was posted after the vacation. What is the present state of affairs, whether the first petitioner is continuing as Vice President or a new committee has taken charge etc. are not brought to the notice of this court. Invoking the extraordinary supervisory jurisdiction, the ex parte order of injunction passed by the learned Sub Judge, Ext.P3, is not liable to be set aside or its operation stayed as desired by the petitioners. Petitioners have to approach the court which passed Ext.P3 order, present their case and get the order vacated in accordance with law. The Writ Petition is devoid of any merit and it is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE