Disposed

Bhasi Koodathil v. Kerala State Ex-Services League

Kerala HC8 Jan 2024OP(C)/2884/2023

Case brief

AI extract

What is this about?

The Court held that expeditious disposal of a 2021 suit would frustrate earlier litigants in the queue. However, to safeguard the petitioner's rights, the Court directed the Principal Munsiff to hear and dispose of an interim application seeking stay of membership cancellation proceedings within 40 days.

What did the court decide?

Direction to the Principal Munsiff, Trissur to hear and dispose of the application in the underlying suit (Req. for Stay) expeditiously, within 40 days from the date of receipt of a copy of this judgm

Bhasi Koodathil Vs Kerala State… — Constitutional and Fundamental Rights | Kerala HC (2024)

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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 C. JAYACHANDRAN

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MONDAY, THE 8^TH DAY OF JANUARY 2024 / 18TH POUSHA, 1945

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OP(C) NO. 2884 OF 2023

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AGAINST OS 2152/2021 OF PRINCIPAL MUNSIFF COURT,THRISSUR

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PETITIONER/PETITIONER:

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BHASI KOODATHIL AGED 69 YEARS S/O PARAMESHWARAN K, KRISHNAKRIPA, PALLIPURAM PO, KODANNUR, THRISSUR., PIN - 680563 BY ADVS. M.A.BABY MEENAKSHY PARVATHY

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RESPONDENTS/RESPONDENTS:

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1 KERALA STATE EX-SERVICES LEAGUE REPRESENTED BY ITS PRESIDENT, VIMUKTHABHADA BHAVAN, TC/27/347, VIVEKANANDA NAGAR, KUNNUKUZHI, VANCHIYOOR.P.O, TRIVANDRUM., PIN - 695035 2 KERALA STATE EX-SERVICES LEAGUE THRISSUR DISTRICT COUNCIL, VIMUKTHABHADA BHAVAN, CIVIL LANE, KANJANI ROAD, P O, AYYANTHOLE, THRISSUR, REPRESENTED BY ITS PRESIDENT, PIN - 680003 3 KERALA STATE EX-SERVICES LEAGUE CHERPU BLOCK, VILAKKUMKAL STOP, VENGINISSERY, THRISSUR. REPRESENTED BY ITS PRESIDENT, PIN - 680563 4 KERALA STATE EX-SERVICES LEAGUE PARALAM PANCHAYAT UNIT, REPRESENTED BY ITS PRESIDENT T L JOHNY, THEETHAI HOUSE, VILAKKUMKAL ROAD, VENGINISSERY, PARALAM P O, THRISSUR., PIN – 680563 BY SRI.S.UNNIKRISHNAN (G.P.)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C).No. 2884 of 2023

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..2..

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J U D G M E N T

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Dated this the 8^th day of January, 2024

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The petitioner herein is the plaintiff in O.S.No.2152/2021 pending before the Principal Munsiff Court, Thrissur. In this original petition, the petitioner seeks to quash Ext.P10 order, which cancelled the membership of the petitioner in the 1^st respondent-organization.

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2. Heard the learned counsel for the petitioner,

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who would limit his prayer in this Original Petition for an expeditious disposal of O.S.No.2152/2021. This Court of the opinion that, even that limited relief cannot be allowed, since the suit in question is of the year 2021. A direction for expeditious disposal of the same would frustrate the legitimate expectations of those litigants, who have filed cases earlier and who are in the queue, awaiting adjudication.

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O.P.(C).No. 2884 of 2023

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..3..

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3. Faced with the situation, learned counsel for the petitioner would submit that, the petitioner is satisfied if Ext.P11 application is directed to be considered within a time frame, Ext.P11 seeks to keep in abeyance Ext.P10 disciplinary proceedings, as per which, the petitioner's membership stands cancelled.

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4. Having regard to the said prayer, this Court is of the opinion that, the same can be granted. Accordingly, there will be a direction to the Principal Munsiff, Thrissur to hear and dispose of Ext.P11 petition expeditiously, at any rate within a period of 40 days from the date of receipt of a copy of this judgment.

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The Original Petition is disposed as above.

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Sd/- C. JAYACHANDRAN JUDGE

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O.P.(C).No. 2884 of 2023

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..4..

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APPENDIX OF OP(C) 2884/2023

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PETITIONER EXHI Exhibit-P1	BITS THE TRUE COPY OF THE LETTER DATED 03.07.2021 ISSUED BY THE 3RD RESPONDENT TO 2ND RESPONDENT.
Exhibit-P2	THE TRUE COPY OF THE LETTER DATED 08.07.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P3	THE TRUE COPY OF THE LETTER DATED 01.09.2021 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit-P4	THE TRUE COPY OF THE LETTER DATED 16.09.2021 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.
Exhibit-P5	THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT AND PETITIONER DATED 08.10.2021.
Exhibit-P6	THE TRUE COPY OF THE LETTER DATED 11.10.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
Exhibit-P7	THE TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 11.10.2021.
Exhibit P8	THE TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 27.10.2021.
Exhibit-P9	THE TRUE COPY OF THE O S NO. 2152/2021.
Exhibit-P10	THE TRUE COPY OF THE ORDER DATED 28.02.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.
Exhibit-P11	THE TRUE COPY OF THE IA NO.1 OF 2022 IN OS NO. 2152 OF 2021.
Exhibit 12	THE TRUE COPY OF THE LETTER DATED 06.12.2022 ISSUED BY THE 4TH RESPONDENT TO THE 1ST AND 2ND RESPONDENTS
Exhibit-P13	THE TRUE COPY OF THE NOTICE ISSUED BY THE CHAIRMAN OF ELECTION COMMITTEE DATED 20.11.2023
Exhibit-P14	THE TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 08.12.2023

Bhasi Koodathil v. Kerala State Ex-Services League

Case brief

What is this about?

What did the court decide?

Bhasi Koodathil v. Kerala State Ex-Services League

Case brief

What is this about?

What did the court decide?

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