PALLIPPURAM PATTARYA SAMAJAM vs T.G.REGHUNATHA PILLAI @ APPU & ORS.

The main prayer in this Original Petition (Civil) filed under the enabling provisions contained in Art.227 of the Constitution of India is as follows:

Direct the Munsiff''s Court, Cherthala to dispose of Ext.P-4 (I.A.No. 97/2018 in O.S.No. 18/2018) at the earliest so as to conduct election on

21.1.2018 without any change as notified in Exts.P3 and P-3 (a).

Heard Dr.V.N.Sankarjee, learned counsel appearing for the petitioner/plaintiff and Sri.T.Jayakrishnan, learned counsel appearing for the 1st

respondent/defendant No.1. In the nature of the order that is proposed to be passed in this petition, notice to the other respondents will stand

dispensed with.

Dr.V.N.Sankarjee, learned counsel appearing for the petitioner submits that the petitioner had filed Ext.P-4 I.A.No.No.97/2018 in O.S.No.

18/2018 pending on the file of the Munsiff''s Court, Cherthala, on 9.1.2018, praying for an order of temporary injunction to restrain the defendants

or anybody claiming under them from interfering the administrative process of the plaintiff society and from obstructing the free and fair election to

be held on 21.1.2018 and pass such other orders as are deemed just and proper in the interest of justice, etc. It is further submitted by the learned

counsel appearing for the petitioner/plaintiff that the election to the Pallippuram Pattarya Samajam is now scheduled to be held on 21.1.2018 and

that non consideration and non disposal of Ext.P-4 I.A. causes serious prejudice to the petitioner/plaintiff. Sri.T.Jayakrishnan, learned counsel

appearing for R-1/D-1 submits on the basis of the instructions of his party that the election to the above society has already been concluded on

6.1.2018 and that the newly elected office bearers including the 1st respondent herein, have already assumed charge immediately thereafter and

further that the 1st respondent has filed detailed objections by counter affidavit to Ext.P-4 I.A. contending inter alia that the petitioner has no locus

or right to represent the Pallippuram Pattarya Samajam, etc. and also on the merits of the matter.

To a specific question posed by this Court to Sri.T.Jayakrishnan, learned counsel appearing for the 1st respondent as to whether Ext.P-4 I.A. is

still pending consideration, the said learned counsel has fairly submitted that the said I.A. is still pending and no orders have been passed so far,

etc. and further that the petitioner could have easily moved an application for advancing the I.A. for hearing and disposal, which has not been done

in this case.

Having regard to the facts and circumstances of this case and taking into account the limited prayer made by the petitioner, it is ordered in the

interest of justice that in case Ext.P-4 I.A.No.97/2018 in O.S.No.18/2018 is still pending consideration, the trial court concerned (Munsiff''s

Court, Cherthala) shall take up the same for consideration without much delay and shall pass necessary orders thereon disposing of the said I.A.

without much delay. Having regard to the averment made by the petitioner that the election is scheduled to be held on 21.1.2018 (which is

controverted by the learned counsel appearing for the 1st respondent as stated herein above), it is ordered that the trial court will take all

reasonable endeavours possible under the circumstances to ensure whether orders could be passed on the abovesaid I.A. on or before 21.1.2018.

The petitioner will produce a certified copy of this judgment before the court below for necessary information. With these observations and

directions, the aforecaptioned Original Petition (Civil) stands finally disposed of.