High Court Kerala High Court

Wilson Laser vs Mary Matha Education Society on 9 June, 2010

Kerala High Court
Wilson Laser vs Mary Matha Education Society on 9 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17902 of 2010(O)


1. WILSON LASER, HOUSE NO.X/130,AVIKKUZHY
                      ...  Petitioner
2. JOSE S.WILSON, HOUSE NO.X/130,
3. K.SANTHI,RESIDING AT HOUSE NO.XXXI/111

                        Vs



1. MARY MATHA EDUCATION SOCIETY,
                       ...       Respondent

2. R.MURUGAN,CHAIRMAN, MARY MATHA EDUCATION

3. M.CELINE, RESIDING AT HOUSE NO.X/130,

4. S.SHEEJA,RESIDING AT HOUSE NO.X/130,

5. A.P.AJITH, MEENACHIRA ROADARIKATHU

6. W. YESUDASAN, RESIDING AT HOUSE

                For Petitioner  :SRI.S.GOPAKUMARAN NAIR (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :09/06/2010

 O R D E R
                            THOMAS P. JOSEPH, J.
                           --------------------------------------
                           W.P.(C) No.17902 of 2010
                           --------------------------------------
                     Dated this the 9th day of June, 2010.

                                     JUDGMENT

Petitioners are defendant Nos.1 to 3 in O.S.No.485 of 2009 of the court of

learned Munsiff,Neyyattinkara and appellants in C.M.A.No.6 of 2010 of the court

of learned Sub Judge, Neyyattinkara. That was a suit filed by respondent Nos.1

and 2 seeking decree for prohibitory injunction against petitioners and

respondent Nos.3 to 6 trespassing into the suit property claiming that they have

no right or interest with respondent No.1, a society of which respondent No.2

claimed to be the chairman. In the course of that suit petitioners had been to

this Court with W.P.(C) No.7334 of 2009 and this Court as per judgment dated

23.03.2009 directed convening of governing body meeting of respondent No.1

in the presence of Advocate Commissioner and accordingly the meeting was

convened. Along with the suit respondent Nos.1 and 2 filed I.A.No.3141 of 2009

seeking an order of temporary injunction as prayed for in the plaint against

petitioners and respondent Nos.3 to 6. That application was allowed by the

learned Munsiff and accordingly there is an order restraining petitioners and

respondent Nos.3 to 6 from trespassing into the suit property or interfering with

affairs of respondent No.1, society. That order is under challenge in the

appellate court at the instance of petitioners in C.M.A.No.6 of 2010 which is

pending consideration of that court. Prayer in this Writ Petition is to issue an

order allowing petitioners to attend the governing body meeting and participate

WP(C) No.17902/2010

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in the management and other functions of the society (respondent No.1) till the

Civil Miscellaneous Appeal is disposed of by learned Sub Judge. Learned

Senior Advocate appearing for petitioners contended that in view of the previous

orders passed by this Court petitioners are entitled to take part in the governing

body meeting scheduled to be held immediately. Learned Senior Advocate has

referred me to the prayer made by respondent Nos.1 and 2 in O.S.No.801 of

2008 that petitioners may be restrained and prohibited from entering the suit

property “except during the officials hours” which the learned Senior Advocate

say, indicated that even according to respondent Nos. 1 and 2, petitioners are

entitled to enter premises of respondent No.1 during official hours and attend

the meeting of the governing body.

2. It is seen from Ext.P2, order on I.A.No.3141 of 2009 that the

learned Munsiff has entered a finding that petitioners ceased to have any interest

in respondent No.1 (the society) since 05.06.2008 and that respondent No.2

was elected Chairman of respondent No.1. It is on that finding that learned

Munsiff found that petitioners have no business with respondent No.1 and are

not entitled to enter its premises. True that petitioners have their contention that

finding entered by learned Munsiff is not correct. But correctness of that finding

and order are to be agitated in C.M.A.No.6 of 2010. It is not proper for this

Court, in the above circumstances to go into the disputed questions and grant

WP(C) No.17902/2010

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reliefs prayed for. It is open to the petitioners either to seek early disposal of

C.M.A.No.6 of 2010 or seek appropriate relief by way of interim orders and as

circumstances may warrant, in C.M.A.No.6 of 2010.

Resultantly, the Writ Petition is disposed of without prejudice to the

right of petitioners to seek early disposal of C.M.A.No.6 of 2010 or to seek other

appropriate reliefs in the said appeal if petitioners are otherwise entitled to that.

THOMAS P.JOSEPH,
Judge.

cks