Kerala High Court
Kerala Vellala Maha Sabha (Kvms) vs K.P Haridas on 10 May, 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 10TH DAY OF MAY 2022 / 20TH VAISAKHA, 1944
OP(C) NO. 761 OF 2022
(ARISING FROM IA.NO.22 OF 2022 AND IA NO.24 OF 2022 IN AS NO.22 of
2020 BEFORE THE DISTRICT COURT,PATHANAMTHITTA)
PETITIONERS/RESPONDENTS/DEFENDANTS 1, 2,3,5 & 6:
1 KERALA VELLALA MAHA SABHA (KVMS)
HEAD OFFICE AT DOOR NO. RP 11/303,
THOTTAMON MURI, RANNI VILLAGE, RANNI TALUK,
REPRESENTED BY ITS GENERAL SECRETARY AND PRESIDENT
(PETITIONER NOS. 2 AND 3 RESPECTIVELY)., PIN - 689673.
2 THE GENERAL SECRETARY OF KVMS
HEAD OFFICE AT DOOR R.P NO.11/303,
THOTTAMON MURI, RANNI VILLAGE,
RANNI TALUK., PIN - 689673.
3 THE PRESIDENT OF KVMS
HEAD OFFICE AT DOOR R.P NO.11/303,
THOTTAMON MURI, RANNI VILLAGE
RANNI TALUK, PIN - 689673.
4 N. MAHESAN, S/O.K.C.NARAYANA PILLAI,
AGED 68 YEARS
KOLLAMPARAMBU PUTHENVEEDU,
MATHRA P.O, PUNALUR., PIN - 691315.
5 MANAKKADU R. PADMANABHAN
AGED 56 YEARS
S/O. C. RAMANATHA PILLAI, 30,
HARSHAN NAGAR, MANAKKADU,
THIRUVANANTHAPURAM., PIN - 695009.
BY ADVS.
JACOB P.ALEX
JOSEPH P.ALEX
MANU SANKAR P.
AMAL AMIR ALI
OP(C) NO. 761 OF 2022
2
RESPONDENTS/APPELLANT & 4TH RESPONDENT/1ST PLAINTIFF & 4TH
DEFENDANT:
1 K.P HARIDAS
AGED 52 YEARS
S/O. PARAMESWARAN PILLAI,
KRISHNAMRUTHAM HOUSE,
MALAYALAPUZHA ERAM MURI,
MALAYALAPUZHA VILLAGE,
KONNI TALUK. , PIN - 689664.
2 P. NATARAJA PILLAI
ADVCOCATE, PUNALUR BAR ASSOCIATION, PUNALUR
(RETURNING OFFICER OF KVMS, RANNI, FOR THE YEAR
2017)., PIN - 691305
BY ADVS.
JEFFIN JOHN
AJITH VISWANATHAN(K/580/2016)
SHIBU JOSEPH(S-410)
M.SRIRAM(K/307/2019)
C.B.GAUTHAM(K/1885/2021)
P.VISWANATHAN (SR.)(K/000283/1986)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
10.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 761 OF 2022
3
JUDGMENT
The petitioner has approached this court challenging
an election notification issued by an Advocate
Commissioner appointed in AS No.22/2020 on the files of
the District Court, Pathanamthitta. Today, when the
matter was taken up for consideration, It is submitted by
the learned counsel for respondent No.1 (who is the
contesting party) that the petitioner has already filed
Ext.P10 application for to stay of the election notification
and also Ext.P12 for changing the Advocate Commissioner
appointed for conduct of election. It is submitted that the
OP(C) can be disposed of directing the District Court to
consider and to pass orders on Ext.P10 and Ext.P12, after
affording an opportunity of being heard to all the parties
concerned. It is also submitted that the election
notification can be kept in abeyance till decision taken on
Ext.P10 and Ext.P12.
OP(C) NO. 761 OF 2022
2. Having regard to the submissions made, I am of
the view that this OP(C) can be disposed of directing that
Ext.P10 and Ext.P12 applications filed before the District
Court, Pathanamthitta in AS.No.22/2020 shall be taken up
and considered, after affording an opportunity of being
heard to all the parties concerned. The District Court shall
endevour to consider Ext.P10 and Ext.P12 applications on
20.05.2022, to which date AS.No.22/2020 is stated to be
listed. It is made clear that until orders are passed on
Ext.P10 and Ext.P12 election to the first petitioner Society
shall stand adjourned. Election shall be held in terms of
the fresh orders to be passed on the matter.
sd/-
GOPINATH P.
JUDGE
R.AV
OP(C) NO. 761 OF 2022
APPENDIX OF OP(C) 761/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO. 70 OF
2017 ON THE FILES OF MUNSIFF'S COURT,
RANNY.
Exhibit P1(a) TRUE COPY OF THE RELEVANT PAGES OF THE
CONSTITUTION AND ARTICLES OF ASSOCIATION
OF KVMS.
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS
NO. 70 OF 2017 ON THE FILES OF MUNSIFF'S
COURT, RANNY
Exhibit P3 TRUE COPY OF THE COMMON JUDGMENT DATED
22-01-2020 IN OS NO. 70 OF 2017 AND
CONNECTED CASES OF THE MUNSIFF'S COURT,
RANNY
Exhibit P4 TRUE COPY OF THE MEMORANDUM OF APPEAL IN
AS NO. 22 OF 2020 BEFORE THE DISTRICT
COURT, PATHNAMTHITTA
Exhibit P4(a) TRUE COPY OF THE ORDER DATED 17-11-2020
IN IA NO. 2 OF 2020 IN AS NO. 22 OF 2020
BEFORE THE DISTRICT COURT, PATHANAMTHITTA
Exhibit P4(b) TRUE COPY OF THE ORDER DATED 07-06-2021
IN IA NO. 1 OF 2021 IN FAO NO. 36 OF 2021
OF THIS HON'BLE COURT
Exhibit P5 TRUE COPY OF THE IA NO. 9 OF 2021 IN AS
NO. 22 OF 2020 ON THE FILES OF DISTRICT
COURT, PATHANAMTHITTA
Exhibit P6 TRUE COPY OF THE ORDER DATED 14-07-2021
IN IA NO. 1 OF 2021 IN CRP NO. 210 OF
2021 OF THIS HON'BLE COURT
Exhibit P7 TRUE COPY OF THE ORDER DATED 14-09-2021
IN IA NO. 1 OF 2021 IN CRP NO. 210 OF
2021 OF THIS HON'BLE COURT
OP(C) NO. 761 OF 2022
Exhibit P8 TRUE COPY OF THE ORDER DATED 22-03-2022
IN CRP NO. 210 OF 2021 OF THIS HON'BLE
COURT
Exhibit P9 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 16-03-2022 ISSUED BY THE ADVOCATE
COMMISSIONER IN AS NO. 22 OF 2020 OF THE
DISTRICT COURT, PATHANAMTHITTA
Exhibit P9(a) TRUE COPY OF RECEIPT DATED 07-04-2022
ISSUED BY THE ADVOCATE COMMISSIONER SHRI.
K G SURESH
Exhibit P10 TRUE COPY OF THE IA NO. 22 OF 2022 IN AS
NO. 22 OF 2020 BEFORE THE DISTRICT COURT,
PATHANAMTHITTA
Exhibit P11 TRUE COPY OF THE OBJECTION FILED BY THE
1ST RESPONDENT TO EXHIBIT P10
Exhibit P12 TRUE COPY OF THE IA NO. 24 OF 2022 IN AS
NO. 22 OF 2020 BEFORE DISTRICT COURT,
PATHANAMTHITTA
Exhibit P13 TRUE COPY OF THE PRINT OUT OF CASE STATUS
OF 2020 BEFORE DISTRICT COURT,
PATHANAMTHITTA
