Sree Narayana Charitable Trust v. M.Radhakrishnan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH THURSDAY, THE 25TH DAY OF JUNE 2015/4TH ASHADHA, 1937 FAO.No. 102 of 2015 () ----------------------- AGAINST THE ORDER IN I.A.NO.429/2015 IN OS 2/2015 of DISTRICT COURT, THIRUVANANTHAPURAM APPELLANTS/DEFENDANTS/RESPONDENTS ------------------------ 1.

SREE NARAYANA CHARITABLE TRUST GURUDEVAPURAM, CHENKOTTUKONAM THIRUVANANTHAPURAM ( REP. BY K.JYOTHIS, SECRETARY IN CHARGE) 2.

SUJITH KUMAR R.

S/O RAMACHANDRAN MADHOM, 8, ULLOOR GARDENS ULLOOR, THIRUVANANTHAPURAM - 695 011 3.

K.K.KUNJUMAKAN CRA - 106, CHAYAKKUDI ROAD PETTAH, TVPM 695 024 4.

M.S.RAVI S/O LATE K.SUKUMARAN PLAMOODU HOUSE KAUMUDI BUILDINGS PETTAH, TVPM 695 024 5.

ER.K.JYOTHIS MELAPURAM, MRA 170 OTTUKAL STREET, KAITHAMUKKU TVPM 695 024 6.

ER.G.SAMPATH RAGAM, MANNANTHALA TVPM 695 015 7.

R.JAYAPRAKASH ADVOCATE, ANANDA BHAVAN VEERALAM ROAD, ATTINGAL 695 101

FAO NO.102/2015 8.

LT.COL.S.R.BABU (RTD) KRISHNANJALI VARAMBASSERI ROAD KUNNUKUZHI TVPM 695 035 9.

D.ARAVIND S/O LATE DIVAKARAN BHADRADEEPAM KALLAMPALLI, TVPM 695 011 10.

B.GOPI POURNAMI, THUNDATHIL TVPM 695 581 P.P.CHELLAPPAN SAUMYA, OOLANKUZHI ANAYARA, TVPM 695 029 12.

DR.A.G.RAJENDRAN DARSANA, POOJAPURA TVPM 695 012 13.

AMRITHA LAL ROY S/O SUKUMARAN, ADVOCATE BABA NIVAS, PEROORKONAM LANE SREEKARYAM, TVPM ER.SUNEETH NATARAJAN S/O NATARAJAN GURU VIHAR, CHILAMBIL LANE GANDHIPURAM, SREEKARYAM, TVPM 695 017 BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS/PLAINTIFFS/PETITIONERS ---------------------------- 1.

M.RADHAKRISHNAN S/O T.K.MADHAVA PANICKER AGED 69 YEARS RETIRED CHIEF ENGINEER, ALUMMOOTTIL POTHUJANAM ROAD KUMARAPURAM, THIRUVANANTHAPURAM AND CONVENOR OF THE AD-HOC COMMITTEE IN CHARGE OF THE AFFAIRS OF THE 1ST PLAINTIFF TRUST

FAO NO.102/2015 2.

K.PREMAN, S/O LATE KESAVA PANICKER, AGED 77 YEARS KAILAS, HOUSE NO.32 PANACHAMOODU LANE PATTOM, THIRUVANANTHAPURAM AND JOINT CONVENOR OF THE AD-HOC COMMITTEE IN CHARGE OF THE AFFAIRS OF THE FIRST PLAINTIFF TRUST 3.

RETURNING OFFICER SRI.N.KARUNAKARAN ADVOCATE, VANCHIYOOR THIRUVANANTHAPURAM - 695 035 ( SOUGHT TO BE IMPLEADED) * RETURNING OFFICER, SRI.N.KARUNAKARAN,ADVOCATE, VANCHIYOOR THIRUVANANTHAPURAM - 695 035 IS IMPLEADED AS R3 VIDE ORDER DATED 25/6/2015 IN I.A.NO.532/15.

R1 & 2 BY ADV. SRI.N.N.SUGUNAPALAN (SR.) R1 & 2 BY ADV. SRI.S.SUJIN BY ADV. PIRAPPANCODE V.S. SUDHEER ( OBSERVER) THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 25-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

T.R.RAMACHANDRAN NAIR & K.P.JYOTHINDRANATH, JJ.

- - - - - - - - - - - - - - - - - - - - - F.A.O.No.102 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of June, 2015

JUDGMENT

Ramachandran Nair, J.

This appeal is filed by the appellants who are respondents in I.A.No.429/2015 in O.S.No.2/2015, aggrieved by the order dated 21.02.2015, whereby the learned Judge directed to defer the holding of the meeting as per notice dated 13.02.2015. The meeting was proposed to be convened on 22.02.2015.

2.

The appellants mainly contend for the position that the Executive Committee can continue in office in spite of resignation of some of the members.

3.

We heard the learned counsel for the appellants Sri.M.Balagovindan and the learned Senior Counsel for the first respondent Sri.N.N.Sugunapalan.

4.

As of now, the Adhoc Committee is in charge. In view of the order proposed to be passed by us, we need not go into the

FAO No.102/2015 controversies between the various parties. The appellants had impleaded the third respondent, the Returning Officer, in the light of Annexure C produced along with I.A.No.530/2015. 5.

The Trust going by the averments in the appeal is having an Executive Committee of 13 members consisting of the President, Vice President, Secretary, Joint Secretary, Treasurer and eight members elected by the Board of Trustees, which is in tune with Clause 10 of the Trust Deed.

6.

After the admission of the appeal by this Court, in I.A.No.530/2015, an order was passed for the smooth conduct of the election on 17.06.2015 and we had appointed Sri.Pirappancode V.S.Sudhir, a learned counsel of this Court as the Observer also. The Observer has filed a report showing the deliberations in the meeting including the polling, completion of counting process and the votes polled by each of the candidates. The learned counsel for the appellants submits that the appellants' plea is that the election to the office of the Vice President, Secretary an Joint Secretary alone can be declared now in view of the fact that disputes are pending before the

FAO No.102/2015 District Court. Apart from O.S.No.2/2015, which is pending before the Additional District Court, Thiruvananthapuram, O.S.No.9/2015 has been filed by the appellants. It is also stated that various interim orders have been sought.

7.

As far as the appeal herein is concerned, as of now, since the date on which the meeting was earlier convened is over, there may not be any scope for deciding all the contentious issues herein. Now that two suits are pending before the Additional District Court, it is only appropriate that the matters are heard together and the interlocutory applications pending, if any, will also be given precedence. It is also submitted that publication under Order 1 Rule 8 C.P.C. has also been undertaken.

8.

As rightly pointed out by the learned Senior Counsel Sri.N.N.Sugunapalan, as regards partial declaration of election now sought, if any of the candidates wants to be heard and since all of them are not parties in this appeal, it may not be proper for this Court to direct declaration of election. We find much force in the above submission. Therefore, we leave open all those issues to be decided by

FAO No.102/2015 the District Court, where two suits are pending. We permit the appellants or respondents herein or any of the parties who are parties before the District Court to file appropriate application seeking for interim orders in the matter and we also direct that appropriate orders will be passed in such an application in respect of declaration of election within one month from the date of filing of the application. The appeal is accordingly disposed of. No costs. T.R.RAMACHANDRAN NAIR, JUDGE K.P.JYOTHINDRANATH,JUDGE sv.