Kerala High Court
Raju G vs Kerala State Ex Service League on 24 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
OP(C) NO. 861 OF 2024
AGAINST THE ORDER DATED 24.02.2024 IN IA 1/2023 IN OS NO.2029 OF
2023 OF THE ADDITIONAL MUNSIFF COURT (RCC) THIRUVANANTHAPURAM
PETITIONERS/PETITIONERS- PLAINTIFFS:
1 RAJU G.
AGED 64 YEARS, S/O LATE GOPALAN, RESIDING AT
MUNDANVILAKOM HOUSE, ALTHARAMOODE P.O., ALAMCODE
(VIA), ATTINGAL, THIRUVANANTHAPURAM, PIN - 695102
2 CHANDRA MOHAN THAMPI
AGED 64 YEARS, RESIDING AT KEERTHI, KULANGARA,
PONGARAKONAM, KATTAKADA P.O., KULATHUNGAL VILLAGE,
THIRUVANANTHAPURAM, PIN - 695572
3 SOUNDARA RAJ
AGED 64 YEARS, S/O LATE T.P.SUNDARAN, RESIDING AT
THODIYIL VEEDU, KADAKKAVOOR P.O., KADAKKAVOOR VILLAGE,
THIRUVANANTHAPURAM, PIN - 695306
4 RADHAKRISHNAN NAIR
AGED 58 YEARS, S/O RAJAPPAN NAIR, UTHRALAYAM,
DERSANAPURAM, POWDIKONAM P.O., THIRUVANANTHAPURAM, PIN
- 695288
5 SURENDRAN NAIR T.
AGED 62 YEARS, S/O THANKAPPAN NAIR, RESIDING AT
MADARTHUVILAKATHU VEEDU, TC 40/1194, ACRA -103,
ARUVIKKARA LANE, MANAKKADU P.O., THIRUVANANTHAPURAM
DISTRICT, PIN - 695009
6 VIJAYAN
AGED 72 YEARS, S/O PONNUPANICKER, V.K. HOUSE,
PANACHAMOODE P.O., VELLARADA, KUNNATHUKAL VILLAGE,
NEYYATINKARA, THIRUVANANTHAPURAM, PIN - 695505
7 K.V.VASUDEVAN
AGED 75 YEARS, S/O M.E. VAVA, RESIDING AT TC 8/789(3),
VISHAKAM, THIRUMALA P.O., THIRUVANANTHAPURAM DISTRICT,
PIN - 695006
BY ADVS. GEORGE VARGHESE(PERUMPALLIKUTTIYIL) NIMESH
THOMAS MANU SRINATH LIJO JOHN THAMPY SAURAV VINOD
RESPONDENTS/COUNTER PETITIONERS-DEFENDANTS:
1 KERALA STATE EX SERVICE LEAGUE
REGISTER NO. K.77/92, AS PER ACT XII OF 1955, HAVING
ITS STATE COMMITTEE OFFICE AT VIMUKTHABHADA BHAVAN,
VIVEKANANTHA NAGAR, KUNNUKUZHI, VANCHIYOOR P.O.,
REPRESENTED BY ITS STATE PRESIDENT K.R. GOPINATHAN
OP(C) 861/2024
-2-
NAIR, AGED 75 YEARS, S/O K.RAGHAVAN, RESIDING AT
VIJAYA NIVAS, CHELAKKARA P.O., THRISSUR, PIN - 680586
2 KERALA STATE EX SERVICE LEAGUE
REGISTER NO. K.77/92, AS PER ACT XII OF 1955, HAVING
ITS STATE COMMITTEE OFFICE AT VIMUKTHABHADA BHAVAN,
VIVEKANANTHA NAGAR, KUNNUKUZHI, VANCHIYOOR P.O.,
REPRESENTED BY ITS DISTRICT PRESIDENT S.K.AJIKUMAR,
AGED 60 YEARS, S/O SIVASANKARA PILLIAI, RESIDING AT
SREESARAS, SOORYA NAGAR, POWDIKONAM P.O.,
THIRUVANANTHAPURAM, PIN - 695588
3 JAYANTHAN
AGED 62 YEARS, S/O MADHAVAN, RESIDING AT MAHIMA, JAIL
ROAD, VAZHUTHUR, NEYYATTINKARA P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695121
4 CHANDRASEKHARAN S.,
AGED 65 YEARS S/O SADASIVAM, RESIDING AT THIRUVATHIRA,
RNRA-9, KARIYIL, KAZHAKUTTAM P.O., THIRUVANANTHAPURAM
DISTRICT, PIN - 695082
5 S.K. AJIKUMAR
AGED 60 YEARS, S/O SIVASANKARA PILLAI, RESIDING AT
SREESARAS, SOORYA NAGAR, POWDIKONAM P.O.,
THIRUVANANTHAPURAM, PIN - 695588
6 BHUVANACHANDRAN NAIR
AGED 64 YEARS, S/O THANKAPPAN PILLAI, RESIDING AT
VADAKKEVILA VEEDU, ERAVOOR, ARYANADU P.O.,
THIRUVANANATHAPURAM DISTRICT, PIN - 695542
7 SANAL KUMAR R.
AGED 64 YEARS, S/O K.RAGHAVAN, RESIDING AT RAJEEVAM,
2/546A, PLANKOTTUKONAM, VILAPPILSALA P.O., VILAPPIL,
THIRUVANANTHAPURAM, PIN - 695573
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) 861/2024
-3-
JUDGMENT
This Original Petition has been filed challenging Ext.P1
order passed by the Additional Munsiff (RCC),
Thiruvananthapuram posting an application for interim
injunction along with the suit.
2. I have called for a report from the learned
Munsiff. The learned Munsiff has submitted a report stating
that the suit is posted for hearing the maintainability issue,
and that question of maintainability of the suit can be
decided within 7 days from the conclusion of the hearing on
maintainability.
Considering the report of the learned Munsiff, this
Original Petition is disposed of as follows:
a) The learned Munsiff is directed to pass an order on
the issue of maintainability within a period of three
OP(C) 861/2024
weeks from the date of receipt of a copy of this
judgment.
b) If the learned Munsiff finds that the suit is
maintainable, the learned Munsiff is directed to
dispose of I.A No.1/2023 within a period of one
month thereafter, after hearing both sides.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
JS
OP(C) 861/2024
APPENDIX OF OP(C) 861/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED 24.02.2024 IN
I.A.NO.1/2023 IN O.S.NO.2029/2023 OF THE ADDITIONAL
MUNSIFF COURT (RCC), THIRUVANANTHAPURAM
Exhibit P2 A TRUE COPY OF THE PLAINT IN O.S. 2029/2023 ON THE
FILE OF HONOURABLE MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P3 A TRUE COPY OF THE APPLICATION I.A. 1/2023 IN O.S.
2029/2023 ON THE FILE OF HONOURABLE MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P4 A TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENTS 1 & 3 IN I.A. 1/2023 IN O.S. 2029/2023
ON THE FILE OF HONOURABLE MUNSIFF COURT,
THIRUVANANTHAPURAM
