Rajees. P vs S.N.D.P. Union
2025 Latest Caselaw 6307 Ker

Kerala High Court

Rajees. P vs S.N.D.P. Union on 27 May, 2025

OP(C) NO. 1152 OF 2025
                                   1



                                                         2025:KER:38413

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR. JUSTICE K. NATARAJAN

    TUESDAY, THE 27TH DAY OF MAY 2025 / 6TH JYAISHTA, 1947

                        OP(C) NO. 1152 OF 2025

        AGAINST   THE   ORDER/JUDGMENT    IN   OS   NO.462   OF   2019   OF

PRINCIPAL MUNSIFF COURT , KOLLAM

PETITIONERS:

    1       RAJEES. P.
            AGED 46 YEARS
            S/O PRABAHAKARAN, THONDALIL VEEDU, S.V. MARKET P.O.,
            KOZHIKKODU, AYANIVELIKULANGARA VILLAGE,
            KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690573

    2       PUSHPANGADHAN
            AGED 70 YEARS
            S/O PURUSHOTHAMAN, SUJI BHAVANAM, MARU-SOUTH,
            ALUMKADAVU P.O., AYANIVELIKULANGARA VILLAGE,
            KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690573


            BY ADV SHRI.GODWIN JOSEPH


RESPONDENTS:

    1       S.N.D.P. UNION
            KARUNAGAPPALLY TALUK UNION, REPRESENTED BY ITS
            SECRETARY, S.N.D.P. UNION, S.N.D.P. UNION OFFICE
            BUILDING, KARUNAGAPPALLY, KOLLAM, PIN - 690544

    2       THE SECRETARY
            S.N.D.P. UNION, KARUNAGAPPALLY TALUK UNION, S.N.D.P.
            UNION, S.N.D.P. UNION OFFICE BUILDING,
            KARUNAGAPPALLY, KOLLAM, PIN - 690544

    3       THE S.N.D.P. SHAKHA YOGAM NO. 192
            THURAYILKUNNU SHAKA YOGAM, REPRESENTED BY ITS
 OP(C) NO. 1152 OF 2025
                              2



                                                2025:KER:38413

          SECRETARY, P. SIVARAJAN, S.N.D.P. SHAKA YOGAM, MARU-
          SOUTH, THURAYILKUNNU, KARUNGAPPALLY, KOLLAM, PIN -
          690573

    4     THE S.N.D.P. YOGAM COUNCIL
          S.N.D.P. YOGAM OFFICE, KOLLAM, REPRESENTED BY ITS
          GENERAL SECRETARY, VELLAPALLY NATESAN, S.N.D.P.
          YOGAM OFFICE, KOLLAM., PIN - 691001

    5     P. SIVARAJAN
          THE SECRERTARY, S.N.D.P. SHAKA YOGAM NO. 192,
          THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
          THURAYILKUNNU, KARUNGAPPALLY TALUK., PIN - 690573

    6     D. SNEHAJAN
          THE PRESIDENT, S.N.D.P. SHAKA YOGAM NO. 192,
          THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
          THURAYILKUNNU, KARUNGAPPALLY TALUK., PIN - 690573

    7     V. VIMALAN
          THE VICE-PRESIDENT, S.N.D.P. SHAKA YOGAM NO. 192,
          THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
          THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    8     S. RAMAKRISHNAN
          MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
          NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
          THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    9     B. ARAVINDAN
          MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
          NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
          THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    0     A. JAGADAPPAN
          MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
          NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
          THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    11    G. ASOKAN
          MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
          NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
          THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    12    AJITH
 OP(C) NO. 1152 OF 2025
                                 3



                                                       2025:KER:38413

            MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
            NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
            THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    13      S. SAJIKUMAR
            MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
            NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
            THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    14      V. HARILAL
            MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
            NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
            THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    15      SAJI
            MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
            NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
            THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    16      R. RATHEESH RAVEENDRAN
            MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
            NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
            THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    17      B. RATHEESH RAJAN
            MANAGING COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM
            NO. 192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
            THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573

    18      B. ANILKUMAR
            UNION COMMITTEE MEMBER OF S.N.D.P. SHAKA YOGAM NO.
            192, THURAYILKUNNU SHAKA YOGAM, MARU-SOUTH,
            THURAYILKUNNU, KARUNGAPPALLY TALUK, PIN - 690573



     THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
27.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1152 OF 2025
                                    4



                                                           2025:KER:38413


                              JUDGMENT

(Dated this the 27th day of May, 2025)

This original petition filed for speedy disposal of OS No.

462/2019 pending on the files of Principal Munsiff Court,

Kollam.

2. A report was called for from the Trial Court. A

report dated 22.05.2025 was received, wherein it is stated that

initially there were only 18 defendants, and subsequently one

after another application was filed by the parties, impleading

various additional defendants. Now 51 defendants are there,

and defendants Nos. 30 to 44 still have not filed the vakalath.

3. A notice has been issued to the proposed defendants

in IA Nos.07/2021, and IA Nos.4136/2019, 5127/2019,

08/2022 and 07/2021. Notice has not yet been served to the

proposed defendants in the original suit. This Court stayed the

further proceedings in OP(C) No.650/2020. On perusing the

records and looking into the prayer made by the petitioner in

the original suit, the declaration of the election is null and void ,

and the respondents also seeking permission to conduct a fresh OP(C) NO. 1152 OF 2025

2025:KER:38413

election. But the report of the trial court says that the plaintiff

himself filed an application for impleading various defendants,

and some of the third party applicants themselves filed an

application for impleading themselves as defendants, and the

matter is adjourned for one or the other reasons.

4. Considering the same, the delay in disposing of the

case, for the purpose of filing the very same suit itself becomes

infructuous, as the prayer of the plaintiff in the suit to declare

the election dated 27.01.2019 to the post of Management

Committee of the 3rd defendant Shakha Yogam No.192 is null

and void and also to conduct a fresh election apart from other

reliefs. If the suit is not disposed of within the reasonable time,

the purpose of filing the petition itself or the suit itself has

become infructuous. Therefore, a direction must be required to

the trial court to dispose of the matter as early as possible after

completion of the pretrial procedure and frame the issues and

proceed with the trial.

5. Accordingly, the original petition is allowed in part.

The trial court is directed to make an endeavor to OP(C) NO. 1152 OF 2025

2025:KER:38413

dispose of the matter as early as possible, by keeping in the

mind that the matter pertains to the challenge the election and

to hold a fresh election.

Sd/-

K. NATARAJAN JUDGE saap OP(C) NO. 1152 OF 2025

2025:KER:38413

APPENDIX OF OP(C) 1152/2025

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT DATED 08.04.2019 FILED BY THE PETITIONERS IN O.S. NO.

462/2019 ON THE FILES OF THE HON'BLE ADDITIONAL MUNSIFF COURT, KOLLAM.

Exhibit P2 A TRUE COPY OF THE COMMON ORDER DATED 22.02.2020 IN I.A. NO. 3372/2019 AND I.A. NO. 2615/2019 IN O.S. NO. 462/2019 ON THE FILES OF THE ADDITIONAL MUNSIFF COURT, KOLLAM.

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES IN O.P. (C) NO. 650/2020 OF THIS HON'BLE COURT. Exhibit P4 A TRUE COPY OF THE CASE PROCEEDINGS IN OP(C) NO. 650/2020 OF THIS HON'BLE COURT. Exhibit P5 A TRUE COPY OF THE CASE PROCEEDINGS IN O.S. NO. 462/2019 OF THE HON'BLE MUNSIFF COURT, KOLLAM AS OBTAINED FROM THE E-COURT WEBSITE.

//True copy//PA to Judge