Disposed

V.M.Sasi v. Kishore

Kerala HC28 Oct 2013OP(C)/3349/2013

Case brief

AI extract

What is this about?

The High Court disposed of a petition challenging an injunction restraining the petitioner from contesting Devaswom elections. Since elections were already held and the petitioner elected as Vice-President, the Court directed the appellate court to dispose of the pending appeal expeditiously, making the election outcome subject to that decision.

What did the court decide?

Election of petitioner as Vice President subject to outcome of pending appeal; direction to District Judge to dispose appeal expeditiously.

V.M.Sasi Vs Kishore — Civil Procedure and Limitation | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

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MONDAY, THE 28TH DAY OF OCTOBER 2013/6TH KARTHIKA, 1935

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OP(C).No. 3349 of 2013 (O)

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--------------------------(O.S.NO.2628/2013 OF MUNSIFF COURT, THRISSUR)

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PETITIONER(S):

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V.M.SASI, aged 44 YEARS S/O.MANI, VELUTHEDATH HOUSE, KIZHAKKUMPATTUKARA PERINGAVU, THRISSUR 680 018.

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BY ADVS.SRI.R.SREEHARI SRI.P.B.KRISHNAN

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RESPONDENT(S):

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1. KISHORE BSNL ENGINEER, AGED 35 YEARS, S/O.GANGADEVI, KURUPPALATH HOUSE KURKANCHERI AMSOM, DESOM AND POST, THRISSUR 680 007.

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2. PARAMEKKAVU DEVASWOM

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SWARAJ ROUND, THRISSUR REPRESENTED BY ITS PRESIDENT K.K.MENON @ KARANKARA KRISHNANKUTTY MENON PIN 680 020.

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3. PARAMEKKAVU DEVASWOM SWARAJ ROUND, THRISSUR REPRESENTED BY ITS SECRETARY RAMACHANDRA PISHARADY PIN 680 020.

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R1 BY ADVS. SRI.THOMAS ABRAHAM

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SMT.MERCIAMMA MATHEW

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SRI.V.RENJITH KUMAR R2 & 3 BY ADVS. SRI.M.RAMESH CHANDER (SR.) SRI.ANEESH JOSEPH SMT.DENNIS VARGHESE

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MNS

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OP(C).No. 3349 of 2013 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1. PHOTO COPY OF THE PLAINT IN OS NO.2628/2013 OF MUNSIFF COURT, THRISSUR.

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EXHIBIT P2. PHOTO COPY OF AFFIDAVIT AND APPLICATION IA 10026/2013 IN OS NO.2628/2013 OF MUNSIFFS COURT, THRISSUR.

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EXHIBIT P3. PHOTO COPY OF THE OBJECTION FILED BY THE IST AND 2ND RESPONDENTS IN IA NO. 10026/2013 IN OS NO. 2628/2013.

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EXHIBIT P4. PHOTO COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT IN IA 10026/2013 IN OS NO. 2628/2013.

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EXHIBIT P5. PHOTO COPY OF THE SAMPLE BALLOT PAPER OF ELECTION TO THE GOVERNING COMMITTEE OF PARAMEKKAVU DEVASWOM.

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EXHIBIT P6. PHOTO COPY OF THE AFFIDAVIT AND APPLICATION IN 13230/2013 IN IA 10026/2013 IN OS NO.2628/2013.

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RESPONDENT(S)' EXHIBITS:NIL

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//TRUE COPY//

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PO.A TRO JUDGE

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P.N.RAVINDRAN , J.

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--------------------------O.P.(C) No.3349 of 2013

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Dated this the 28^th day of October, 2013

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J U D G M E N T

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The petitioner is the third defendant in O.S.No.2628 of 2013 on the file of the Court of the Munsiff of Thrissur. The first respondent is the plaintiff and respondents 2 and 3 are defendants 1 and 2 respectively therein. The suit instituted by the first respondent is one for a mandatory injunction directing defendants 1 and 2 to remove the name of the petitioner from the membership register of Paramekkavu Devaswom on the ground that he is not a 'Savarna Hindu'. Along with the plaint, the first respondent filed I.A.No.10026 of 2013 for a temporary injunction restraining the petitioner from contesting the elections to the bharanasamithi of the Paramekkavu Devaswom. Upon receipt of notice, defendants 1 and 2 entered appearance and filed Ext.P3 objections and the petitioner filed Ext.P4 objections. The court below considered the rival contentions and passed a final order on the said application on 24.9.2013 restraining the petitioner from participating in the elections to the bharanasamithi of the Paramekkavu Devaswom and from holding any office. The instant original petition was thereupon filed on 27.9.2013 seeking the

O.P.(C) No.3349/2013

following reliefs:-

“(a) Direct Munsiff's Court, Thrissur to issue carbon copy/certified copy of the order passed in IA 10026/2013 in O.S.No.2628/2013 dated 24.9.2013 considering carbon copy application IA 13233/2013 in O.S.No.2628/2013 and copy application IA 5256 forthwith.

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(b) Stay the operation of the order passed in IA 10026/2013 in O.S.No.2628/2013 dated 24.9.2013 of Munsiff's Court, Thrissur till issuance of carbon copy of the said order and for one week thereafter.”

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When the original petition came up for hearing before me on

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27.9.2013, having regard to the fact that the elections to the

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governing body of the Paramekkavu Devaswom were to be held on 29.9.2013, I passed the following interim order:-

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“Admit. Issue urgent notice returnable in 10 days to the first respondent. Sri.Aneesh Joseph, learned counsel takes notice for respondents 2 and 3.

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There will be an interim order as prayed for. Consequently it will be open to the petitioner to contest in the election to the office of Vice-President of Bharanasamithi of Paramekkavu Devaswom.”

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Pursuant to the said order, the petitioner participated in the

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elections and was elected as the Vice-President of the bharanasamithi of Paramekkavu Devaswom. When the original petition came up for hearing today, learned counsel on both sides submitted that after the original petition was filed, a carbon copy of the order of injunction was received by the petitioner and that an appeal filed by him namely, C.M.A.No.119 of 2013 is pending in the Court of the First Additional District Judge of Thrissur. In such circumstances, as the elections

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O.P.(C) No.3349/2013

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have already been held and the petitioner has participated in the election and has also been elected, I am of the opinion that the proper course will be to direct the appellate court where C.M.A.No.119 of 2013 is pending, to consider the appeal on the merits and take an appropriate decision in the matter at the earliest and with the observation that the election of the petitioner as an office bearer of the bharanasamithi of the Paramekkavu Devaswom on the strength of the interim order passed by this Court, will be subject to the out come of the appeal.

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I accordingly dispose of the original petition with a direction to the Court of the First Additional District Judge of Thrissur where C.M.A.No.119 of 2013 is pending, to hear and dispose of the appeal expeditiously and in any event before 31.12.2013. The petitioner's participation in the election to the bharanasamithi of Paramekkavu Devaswom and his election as Vice President of the bharanasamithi of Paramekkavu Devaswom will be subject to the outcome of the appeal.

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P.N.RAVINDRAN,

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(JUDGE)

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vps

V.M.Sasi v. Kishore

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V.M.Sasi v. Kishore

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