Thankkachan Varghese vs The Deputy Director on 3 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31199 of 2009(T)


1. THANKKACHAN VARGHESE,VALIYAKANDATHIKARA
                      ...  Petitioner

                        Vs



1. THE DEPUTY DIRECTOR,DAIRY DEVELOPMENT
                       ...       Respondent

2. THE VAZHATHOPPU KSHEEROLPATHAKA

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :03/11/2009

 O R D E R
                          S. SIRI JAGAN, J
                ...............................................
                   W.P(C) No. 31199 of 2009
               .................................................
         Dated this the 3rd day of November, 2009

                          J U D G M E N T

The petitioner is a member of the 2nd respondent society. He

is aggrieved by enrollment of certain persons as members of the

society in violation of Ext.P2 bye laws. Admittedly, the enrollment

of the very same members was the subject matter of O.P. Nos.

9812 and 11250 of 2001 in which Ext.P4 judgment has been passed

whereby the 1st respondent was directed to look into the matter.

That judgment was passed, as early as on 4.8.2004. The petitioner

is coming for the first time challenging those enrollments after five

years, that too without impleading those members who were

allegedly given membership against the bye laws. Therefore the

writ petition is bad for unexplained delay and laches as also non-

joinder of necessary parties. For the above reasons, the writ

petition is dismissed.

sd/-

S. SIRI JAGAN, JUDGE
rhs

// True copy //

PA to Judge