Kerala High Court
D.Rajeev vs The Secretary To Government on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 90 OF 2022
PETITIONERS:
1 D.RAJEEV,
AGED 48 YEARS,
S/O. DASAN, RAJEEV BHAVANAM, THOTTAPPALLY
VADAKKU, KUMARAPURAM P.O, HARIPAD, ALAPPUZHA
DISTRICT 683 565.
2 ARUN R.,
AGED 40 YEARS,
SON OF G RAJU, ARUNIMA, MAYYANAD P.O, KOLLAM
TALUK, KOLLAM DISTRICT 691 303.
BY ADVS.
K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI
S.M.PRASANTH
T.H.ARAVIND
R.S.ASWINI SANKAR
G.RENJITH
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT,
DISASTER MANAGEMENT (A) DEPARTMENT, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM 695 001.
2 THE GENERAL SECRETARY(VELLAPPALLY NATESAN)
ARUVIPURAM SREE NARAYANA DHARMA PARIPALA YOGAM,
S N D P YOGAM, HEAD OFFICE, P B NO. 512, JAWAHAR
NAGAR, KOLLAM 691 001.
3 ADV. B.G HARINDRA NATH, RETURNING OFFICER,
SNDP YOGAM, KOLLAM RESIDING AT POURNAMI, 3RD
CROSS ROAD, KEERTHI NAGAR, ELAMAKKARA,
KOCHI - 682 036.
WP(C) NO. 90 OF 2022 2
4 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
ADDL.R5 IMPLEADED:
*ADDL.R5
THE CENTRAL DEPOSITORY SERVICES (INDIA) LIMITED,
A WING, MARATHON FUTURE X, MAFTLAL MILLS
COMPOUND, N.M.JOSHI MARG, LOWER PAREL (EAST),
MUMBAI-400 013, REPRESENTED BY ITS SENIOR MANAGER
SRI.RAKESH DALVI.
* ADDITIONAL 5TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 20.05.2022 IN I.A.NO.2 OF 2022.
BY ADVS.
A.N.RAJAN BABU
SANTHOSH MATHEW
A.R.EASWAR LAL
ARUN THOMAS
KARTHIKA MARIA
ANIL SEBASTIAN PULICKEL
ABI BENNY AREECKAL
LEAH RACHEL NINAN
MATHEW NEVIN THOMAS
KARTHIK RAJAGOPAL
NANDA SANAL
KURIAN ANTONY MATHEW
SMT.DEEPA NARAYANAN, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 90 OF 2022 3
P.V.KUNHIKRISHNAN, J.
==================
W.P.(C) No.90 of 2022
==================
Dated this the 20th day of May, 2022
JUDGMENT
The above writ petition is filed seeking the following
reliefs:
"i) To call for the records leading upto
Exhibits-P5 and P5(a) and quash the same by the
issuance of a Writ of Certiorari or any other
appropriate writ, order or direction.
ii) To declare that the orders Exts.P5 and
P5(a) is violative of Articles 14, 19 and 21 of the
Constitution of India.
iii) To issue a Writ of Mandamus
commanding the first respondent not to interfere
in any manner with the election of the SNDP
Yogam or interdict the functioning of the third
respondent in holding elections in view of his
authority to do so under the rules framed by the
SNDP Yogam."
2. When this writ petition came up for consideration,
the counsel appearing for the petitioners and the counsel
appearing for the contesting respondent submitted that the
prayers in this writ petition have become infructuous.
3. The learned counsel appearing for the petitioners
submitted that the election may not be conducted based on
Exts.P5 and P5(a) Government Orders. The counsel
appearing for the 2nd respondent submitted that if such an
order is passed, it will leads to a conclusion that the election
itself is interdicted by this court. I make it clear that the
elections scheduled earlier cannot be conducted now based
on Exts.P5 and P5(a) Government Orders and the
respondents are free to get further orders from the
Government, if they intend to conduct the election in future.
With the above observation this writ petition is
disposed of. Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DSV/21.05.2022
APPENDIX OF WP(C) 90/2022
PETITIONERS' EXHIBITS :
Exhibit P1 TRUE COPY OF NOTIFICATION DT 22-04-2021
PUBLISHED IN THE KERALA KAUMUDI DAILY.
Exhibit P2 TRUE COPY OF ORDER DATED 14-05-2021 IN
W.P(C) NO. 10796 OF 2021.
Exhibit P3 TRUE COPY OF G.O(RT) NO 424/2021/DMD
DATED 17-05-2021 ISSUED BY THE
GOVERNMENT OF KERALA.
Exhibit P4 TRUE COPY OF JUDGMENT DATED 23-12-2021
IN W.P(C) NO. 30628 OF 2021.
Exhibit P5 TRUE COPY OF GO (RT) NO. 875/2021/DMD
DATED 29-12-2021 ISSUED BY THE
GOVERNMENT OF KERALA.
Exhibit P5(a) TRUE COPY OF G.O(RT) NO. 877/2021/DMD
DATED 30-12-2021 ISSUED BY THE
GOVERNMENT OF KERALA.
Exhibit P6 TRUE COPY OF THE ORDER IN I.A.NO.1 OF
2021 IN C.M.A.NO.44 OF 2021 ON THE FILES
OF ADDITINAL DISTRICT JUDGE-IV, KOLLAM
DATED 10.12.2021.
Exhibit P7 TRUE COPY OF THE ELECTION NOTIFICATION
DATED 11.01.2022 HAS BEEN ISSUED BY THE
3RD RESPONDENT WHICH WAS PUBLICHSED IN
THE NEW INDIAN EXPRESS DAILY DATED
12.01.2022.
RESPONDENTS' EXHIBITS :
Exhibit R2(a) TRUE COPY OF NOTIFICATION PUBLISHED IN
KERALA KAUMUDI DAILY DATED 12.01.2022.
Exhibit R2(b) TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.19266/2020 DATED 05.01.2020 OF THIS
HONOURABLE COURT.
Exhibit R2(c) TRUE COPY OF THE JUDGMENT IN
R.P.NO.113/2021 IN W.P.(C)NO.19266/2020
OF THIS HONOURABLE COURT DATED
08.03.2021.
Exhibit R2(d) TRUE COPY OF THE JUDGMENT IN WRIT APPEAL
NO.688/2021 DATED 10.01.2022 O THIS
HONOURABLE COURT.
Exhibit R2(e) TRUE COPY OF OF THE AFFIDAVIT IN CMA
NO.44/2021 IN I.A.NO.1/2021 FILED BY THE
1ST RESPONDENT BEFORE THE HONOURABLE
DISTRICT COURT, KOLLAM DATED
12.102.2021.
Exhibit R2(f) TRUE COPY OF THE ORDER IN
C.A.NO.39/KOB/2021 IN CP/51/KIOB/2021 OF
THE NATIONAL COMPANY LAW TRIBUNAL, KOCHI
BRANCH.
Exhibit R2(g) TRUE COPY OF THE JUDGMENT (VIRTUAL MODE)
IN COMPANY APPEAL (AT) (CH) NO.23/2021
PASSED BY THE NATIONAL COMPANY LAW
APPELLATE TRIBUNAL, CHENNAI DATED
02.07.2021.
Exhibit R2(h) TRUE COPY OF THE WRIT PETITION (C)
NO.30628/2021 FILED BY 2ND RESPONDENT
AND OTHERS BEFORE THIS HONOURABLE COURT
DATED 23.12.2021 WITHOUT EXHIBITS.
Exhibit R3(1) AFFIDAVIT SWORN TO BY ADV.SHRI.V.
HARIPRASAD, THE LEARNED COUNSEL OF THE
3RD RESPONDENT BEFORE THE COURT BELOW.
Exhibit R3(2) TRUE COPY OF THE PROCEEDINGS SHEET DATED
10.12.2021 OF THE PRINCIPAL DISTRICT
COURT, KOLLAM.
Exhibit R3(3) TRUE COPY OF THE PROCEEDINGS SHEET DATED
13.12.2021 OF THE PRINCIPAL DISTRICT
COURT, KOLLAM.
Exhibit R3(4) TRUE COPY OF THE AFFIDAVIT FILED BY THE
3RD RESPONDENT BEFORE THE PRINCIPAL
DISTRICT COURT, KOLLAM IN I.A.NO.1/2022
IN CMA 44/2021.
Exhibit R3(5) TRUE COPY OF THE CIRCULAR NO.28/68 DATED
04.10.1968 (NO.D1-27739/68) ISSUED BY
THE HIGH COURT OF KERALA.
Exhibit R3(6) TRUE COPY OF THE PROCEEDINGS SHEET DATED
15.12.2021 OF THE PRINCIPAL DISTRICT
COURT, KOLLAM.
