High Court Kerala High Court

S.Gopakumar vs R.Joseph on 31 March, 2010

Kerala High Court
S.Gopakumar vs R.Joseph on 31 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7009 of 2010(O)


1. S.GOPAKUMAR, PRIYA VIHAR,
                      ...  Petitioner

                        Vs



1. R.JOSEPH, S/O.K.RABHAVAN,
                       ...       Respondent

2. S.CHANDRASEKHARAN NAIR,

3. A.THANKARAJAN, S/O.D.ALEXANDER,

4. P.RAJENDRAN, S/O.K.PADMANABHAN,

5. B.SOMASEKHARAN NAIR,

6. D.SREEKUMARAN, S/O.DIVAKARAN,

7. T.U.PREMKUMAR, S/O.K.UMAMAHESWARAN,

8. G.DROUPADI, D/O.A.KRISHNAN,

9. R.MADHAVI AMMA,

10. D.OMANA AMMA, D/O.GOVINDAN NAIR,

11. C.SANTHAMMA, D/O.SARASAMMA,

12. D.RAJALEKSHMY AMMA,

13. S.SDUBHAYA, D/O.V.KUNJUKRISHNAN,

14. B.LALITHAMMA, D/O.CHELLAPPAN PILLAI,

15. INDIRAMMA, D/O.DEVAKI AMMA,

16. HARIDAS G., S/O.GOPALAN ACHARI,

17. KRISHNA NAIR S., S/O.SANKARA PILLAI,

18. PROF.N.MADHAVAN KUTTY NAIR,

19. K.N.CHANDRASEKHARA KURUP,

20. B.GAYATHRI, D/O.SUGATHAN,

21. S.PERUMAL PILLAI, S/O.M.SUBRAMNAYA

22. V.PUSHPABALAN, S/O.P.VELAYUDHAN ACHARY,

23. THE KERALA HINDI PRACHARA SABHA,

24. THE SECRETARY,

25. THE PRESIDENT/CHIEF EXECUTIVE OFFICER,

26. THE TREASURER,

27. K.KESAVAN NAIR,

28. DR.S.RAJAPPAN NAIR,

29. M.JANARDHANAN PILLAI,

30. G.S.PRASANTH, RANI HOUSE,

31. J.JOSE, MAVUVILA VEEDU,

32. C.SWARNAMMA, PLAVILA PUTHEN VEEDU,

33. S.RAJENDRAKUMAR, THUDAYALKODE,

34. K.JANARDHANAN NAIR,

35. V.S.SURESH BABU, MULLUVILA VEEDU,

36. DR.S.LEELAKUMARI AMMA,

37. B.RAJESH, SWATHI, T.C.64/246,

38. K.G.REMADEVI, NAVABHARATH HINDU COLLEGE,

39. S.SREEDHARAN NAIR, METTIL,

40. DR.B.VIJAYAMMA, SABARMATHI,

41. K.KALESHANKAR, SANKARALAYAM,

42. V.SOMASEKHARAN NAIR,

43. K.SADASIVAN NADAR, ASWATHI,

44. V.P.BABURAJ, VVZHATHOPPIL VEEDU,

45. P.JAYAKUMARAN NAIR,

46. J.PONNAMMA, SOWBHAGYA,

47. DR.S.HARIPRIYA, THRIVENI,

48. K.R.RANJINI AMMU, 74-RAVI NAGAR,

49. S.VIJAYAKUMAR,

50. DR.P.LATHA, AARATHI,

51. P.S.KUMARI LATHA,

52. V.VENUGOPALAN NAIR,

53. A.GOPALAKRISHNAN NAIR,

54. T.SAJITH, KRISHNA, T.C.5/2415(1),

55. M.ANITHAKUMARI, MEENA BHAVAN,

56. DR.J.HARIKUMAR, HARI BHAVAN,

57. S.CHANDRASEKHARAN NAIR, SAKETH,

58. R.BINI, SOPANAM,

                For Petitioner  :SRI.VPK.PANICKER

                For Respondent  :SRI.PIRAPPANCODE V.S.SUDHIR

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :31/03/2010

 O R D E R

P.BHAVADASAN, J.

————————————-
WP(C) No.7009 of 2010

————————————-
Dated 31st March 2010

Judgment

The challenge made in this Writ Petition filed

under Article 227 of the Constitution of India is against

Exts.P5 and P10 orders.

2. The petitioners herein and 6 others became members of

the Kerala Hindi Prachar Sabha as per the decision of the

Executive Committee dated 19.12.2005. They have

remitted all the amounts due to the Sabha. Though the

petitioners were not allowed to cast their vote in the

election held on 30.04.2006, pursuant to the order of the

District Court, they were included in the voters list

published by the Returning Officer for the election of 2009.

The parties were called upon to submit draft bye-laws and

the copy of the draft bye-laws submitted by the petitioners

is Ext.P2 and that of the counter petitioners is Ext.P3. It is

stated that the original petitioners and the counter

WPC 7009/10 2

petitioners, without consulting with the other members of

the Sabha, clandestinely compromised the matter and

framed a new scheme by taking some provisions from

Exts.P2 and P3. A copy of the said compromise petition is

produced as Ext.P4. The District Court, by Ext.P5 order

dated 01.08.2009, passed a common order by which

Ext.P4 scheme was accepted. The OP was allowed,

recording that the compromise filed, will form part of the

order. It also appointed a retired District Judge as the

Receiver for conducting election in accordance with the

scheme.

3. It is claimed that immediately on coming to

know of the filing of the compromise between the original

petitioners and the counter petitioners and also the passing

of Ext.P2 order, the petitioners herein filed IA No.2208/09

for getting themselves impleaded in the OP, a copy of

which is produced as Ext.P7. When Ext.P4 application was

taken up, the learned District Judge was of the opinion that

an application to set aside the compromise, scheme and

WPC 7009/10 3

the subsequent order dated 1.8.2009 alone is maintainable

and therefore, the petitioners filed IA No.2240/09 for the

said relief. Copy of the said IA is produced as Ext.P8. The

petitioner took objection to Ext.P5 order wherein it was

directed to finalise the voters list. The petitioner points out

that the said order is clearly unsustainable in law. Equally

unsustainable is Ext.P10, it is submitted.

4. It would appear that the Court below has not

considered both the applications in the proper perspective.

So, it is felt that the matter requires reconsideration at the

hands of the Court below. Accordingly, Exts.P5 and P10

are set aside and the District Court, Thiruvananthapuram is

directed to reconsider the matter afresh in accordance with

law, after affording an opportunity of being heard to both

sides. The Court below shall make every endeavour to

dispose of the matter within one month from the date of re-

opening of the Court after the mid-summer vacation.




                                  P.BHAVADASAN, JUDGE

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sta

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