Kerala High Court
Arun. R ( Sought To Be Impleaded ) vs Aruvipuram Sree Narayana Dharma ... on 22 October, 2024
2024:KER:79869
WA NO.1687 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WA NO.1687 OF 2024
ORDER DATED 30.9.2024 IN I.A.No.11/2024 IN WP(C) NO.8095 OF
2024 OF HIGH COURT OF KERALA
---------------
APPELLANT/SOUGHT TO BE IMPLEADED AS ADDITIONAL RESPONDENT
No.8 :-
ARUN. R ( SOUGHT TO BE IMPLEADED )
S/O.G.RAJU, ARUNIMA, MYYANAD P.O, KOLLAM,
PIN - 691 303, KERALA ( SOUGHT TO BE IMPLEADED )
BY ADVS.
T.RAMPRASAD UNNI
K.RAMAKUMAR (SR.)
S.M.PRASANTH
SHEHIN S.
DEVIKA S.
RESPONDENTS/RESPONDENTS :-
1 ARUVIPURAM SREE NARAYANA DHARMA PARIPALANA YOGAM
REPRESENTED BY ITS GENERAL SECRETARY, V. K. NATESAN,
S/O. KESAVAN, SNDP YOGAM HEAD OFFICE, P. B. NO. 512.
JAWAHAR NAGAR, KARBALA, KOLLAM, PIN - 691 001
2 V.K.NATESAN
S/O.KESAVAN, GENERAL SECRETARY,
SNDP YOGAM HEAD OFFICE, P.B.NO.512, JAWAHAR NAGAR,
KARBALA, KOLLAM, PIN-691 001. VELLAPPALLIL HOUSE,
KANCHUKULANGARA P.O., CHERTHALA, ALAPPUZHA,
PIN - 688 582
3 DR.M.N.SOMAN
PRESIDENT, SNDP YOGAM HEAD OFFICE, P.B.NO.512,
JAWAHAR NAGAR, KARBALA, KOLLAM, PIN - 691 001
4 THUSHAR
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WA NO.1687 OF 2024
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S/O.V.K.NATESAN, VICE PRESIDENT,
SNDP YOGAM HEAD OFFICE, P.B.NO.512, JAWAHAR NAGAR,
KARBALA, KOLLAM, PIN-691 001 VELLAPPALLIL HOUSE,
KANCHUKULANGARA P.O., CHERTHALA,
ALAPPUZHA, PIN - 688 582
5 SANTHOSH @ ARAYAKKANDIL SANTHOSH
DEVASWOM SECRETARY, SNDP YOGAM HEAD OFFICE,
P.B.NO.512, JAWAHAR NAGAR, KARBALA,
KOLLAM, PIN - 691 001
6 PROF.M.K.SANOO, AGED 94 YEARS
S/O.MANGALATH M.C.KESAVAN, 'SANDHYA', KARIKKAMURI,
ERNAKULAM, PIN - 682 011
7 ADV.M.K.SASEENDRAN, AGED 72 YEARS
S/O LATE M.I.KRISHNAN, MYLAMPARAMBIL HOUSE,
CONVENT ROAD, PONNURUNNI, VYTILA P.O.,
ERNAKULAM, PIN - 682 019
8 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, TAXES (J) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 682 031
9 INSPECTOR GENERAL OF REGISTRATION
EX-MAYOR R BALAKRISHNAN NAIR ROAD,
NEAR DISTRICT COURT, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695 035
BY SRI.P.B.KRISHNAN (SR.)
BY SRI.A.N.RAJAN BABU
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WA NO.1687 OF 2024
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JUDGMENT
Dated this the 22nd day of October, 2024
Nitin Jamdar, C.J.
Heard Sri. K. Ramakumar, learned Senior Advocate for the
Appellant, Sri. A.N.Rajan Babu, learned counsel for Respondent Nos.1 to 5,
Sri. P.B.Krishnan, learned Senior Advocate for Respondent No.6.
2. The learned Senior Advocate for the Appellant, at the outset,
points out that though the appeal is filed against dismissing the application
for impleadment - I.A. No.11 of 2024 in W.P.(C) No.8095 of 2024, by
mistake, both in the appeal and in the application reference is made to I.A.
No.14 of 2024. Accordingly, permission is granted to amend the number of
the application from I.A. No.14 of 2024 to I.A. No.11 of 2024 as all the
pleadings indicate that challenge is to the order passed in I.A. No.14 of
2024.
3. By the impugned order dated 30 September 2024, the application
filed by the Appellant is rejected with the following reasons :-
"I.A. No.11 of 2024 in WP(C) No.8095 of 2024
This is an application for impleading. The case was
already heard and arguments closed. Application for
impleading at this stage cannot be entertained and the
application is dismissed. This order is without prejudice to
the contentions that have been raised by the Petitioners and
the said contentions are left open."
4. On a perusal of the above order, we note that the rejection is not
on merits but on the ground that the case was already heard and arguments
closed and therefore, the application cannot be entertained. Ordinarily, if
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WA NO.1687 OF 2024
this is the ground for not entertaining an application for impleadment, what
would thereafter follow would be a final judgment. However, we note that
on the same day, further orders are passed in W.P.(C) No.8095 of 2024
including that of appointment of a retired Judge of this Court as
Chairperson of the committee and other directions. Thus the matter is not
disposed of and the cases are posted for further orders on 28 October 2024.
5. According to us, if the proceedings are pending and further orders
are being passed then the application could not have been rejected on the
ground that the main matter is closed for orders. The application of the
Appellant for impleadment thus will have to be decided on merits.
6. Accordingly, the order passed in I.A. No.11 of 2024 dated 30
September 2024 is set aside and the I.A. filed by the Applicant for
impleadment is restored to the file of the learned Single Judge. The learned
Single Judge will decide the same on its own merits. We clarify that we have
not looked into the merits of the case for impleadment. It is for the learned
Single Judge to decide the same on its own merits.
7. The appeal is disposed of in the above terms.
Sd/-
NITIN JAMDAR
CHIEF JUSTICE
Sd/-
S. MANU
JUDGE
Jvt
