Kerala High Court
Prof.M.K.Sanoo vs State Of Kerala on 30 October, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Wednesday, the 30th day of October 2024 / 8th Karthika, 1946
WP(C) NO. 8095 OF 2024(J)
PETITIONERS:
1. PROF.M.K.SANOO, AGED 94 YEARS, S/O.MANGALATH M.C.KESAVAN, 'SANDHYA',
KARIKKAMURI, ERNAKULAM PIN - 682011
2. ADV.M.K.SASEENDRAN, AGED 72 YEARS, S/O LATE M.I.KRISHNAN,
MYLAMPARAMBIL HOUSE, CONVENT ROAD, PONNURUNNI, VYTILA P.O.,
ERNAKULAM, PIN - 682019
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES (J) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 682031
2. INSPECTOR GENERAL OF REGISTRATION EX-MAYOR R BALAKRISHNAN NAIR ROAD,
NEAR DISTRICT COURT, VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035
3. 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, KOLLA, PIN - 691001
4. 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 - 688582
5. DR.M.N.SOMAN PRESIDENT, SNDP YOGAM HEAD OFFICE, P.B.NO.512, JAWAHAR
NAGAR, KARBALA, KOLLAM,, PIN - 691001
6. THUSHAR 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 - 688582
7. SANTHOSH @ ARAYAKKANDIL SANTHOSH DEVASWOM SECRETARY, SNDP YOGAM HEAD
OFFICE, P.B.NO.512, JAWAHAR NAGAR, KARBALA, KOLLAM, PIN - 691001
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to
1. appointing an Administrator/Receiver for carrying out the
management and day to day affairs of Respondent No.3 Yogam
2. restrain Respondent No.4 from making any appointment in any of
the educational institutions of Respondent No.3 Yogam and from taking any
disciplinary action against the Office bearers of the Unions and branches
of the SNDP Yogam pending disposal of the Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
03.10.2024 and upon hearing the arguments of M/S.SABUGEORGE, P.B.KRISHNAN,
P.B.SUBRAMANYAN, MANU VYASAN PETER, SABU GEORGE, Advocates for the
petitioners, GOVERNMENT PLEADER for the respondents 1 and 2 and of
SRI.A.N.RAJAN BABU, Advocate for the respondents 3 to 7, the court passed
the following:
T.R. RAVI, J.
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W.P(C).Nos.8095, 8198 and 10526 of 2024
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Dated this the 30th day of October, 2024
ORDER
I.A.No.12 of 2024 in W.P(C).No.8095 of 2024
This is an application seeking to implead the petitioner
as additional 8th respondent. This Court had initially rejected
the application against which the petitioner had approached
the Division Bench of this Court. The Division Bench has by
judgment dated 22.10.2024 set aside the order and directed
this Court to consider the application on merits, particularly
since this Court has not disposed of the writ petition and has
been issuing directions regarding the conduct of the election.
The counsel for the petitioner submits that the petitioner was
a candidate for the election which was scheduled on
22.05.2021 and was proposed as the Vice President
candidate. According to the counsel, civil suits are pending
regarding the election that was conducted on 22.05.2021 and
the petitioner's rights are dependent on the final decision in
W.P(C).Nos.8095, 8198 and 10526 of 2024
the civil suit. It is submitted that pending a decision of the
civil court, if any directions are issued regarding the conduct
of the election, it would result in cancellation of the election
which is already held. However, the documents which have
been produced along with the impleading petition do not
show that an election was actually held. The counsel for the
respondent Yogam and the counsel for the writ petitioner
submit that no election was conducted on 22.05.2021 even
though an election was notified initially. It is submitted that
the election had been put off on the basis of the orders of this
Court owing to the Covid condition. It is also submitted that
later the election was proposed to be conducted in 2022, but
that was also postponed. As at present according to the
respondents no election has been held and according to the
petitioner an election was held on 22.05.2021. Unless the
petitioner is able to show that an election was actually
conducted and he had contested the election and the result of
W.P(C).Nos.8095, 8198 and 10526 of 2024
the election is pending decision of the civil court, he cannot
claim that he is a necessary party in this writ petition.
2. In the above circumstances, the counsel for the
petitioner sought time to produce documents to show that
election was actually held. Time is granted.
3. Post the writ petition for hearing along with
W.P(C).Nos.8198 of 2024 and W.P(C).No.10526 of 2024 on
15.11.2024.
W.P(C).Nos.8095, 8198 and 10526 of 2024
4. A report has been placed by the Committee which
was appointed by this Court, praying for directions for
appointment of staff for the Committee, appointment of a
driver on daily wages, for a direction to the Yogam to furnish
or deposit in a Bank account to be operated by the Chairman
for meeting the expenses of the Committee including
remuneration of staff and to issue directions to the Yogam to
submit list of all members of all Sakhas and Union containing
W.P(C).Nos.8095, 8198 and 10526 of 2024
the details of their names, address, membership number, age,
date of joining in the yogam and proof of identity and also
details showing the deletion of members due to death and
transfer. The counsel for the Yogam submitted that it will be
time consuming to get the details which have been sought for
since earlier this Court had only directed preparation of a list
with names and identity details. The counsel has hence
sought further period for getting the details. The details that
have been required by the Committee may be necessary for
consolidating the membership register. However, for the short
purpose of the conduct of an election, the first requirement
will be to get the names of the members along with their
identity details and if there is any objection to the list, the
same can be submitted after the list is published. Such
objection can be regarding the death of a person or transfer
or any other matters regarding their identity since this will
have to be gone into at a later stage. There is no necessity to
W.P(C).Nos.8095, 8198 and 10526 of 2024
insist these details should also be available at this stage of
preparation of list of members. The Committee may proceed
with the names of persons with identity details for the
present. Since no further details will be required to be
submitted at this stage, the Yogam is directed to submit the
list at the earliest if possible before the next meeting of the
Committee.
Post on 15.11.2024.
H/o
Sd/-
T.R.RAVI
JUDGE
LEK
30-10-2024 /True Copy/ Assistant Registrar
