High Court of KeralaOP(C)/2900/2014allowed

K.M.Krishnanunni Nair v. Raveendranunni Nair

2015-03-30Honourable Mr.Justice P.Bhavadasan12 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN MONDAY, THE 30TH DAY OF MARCH 2015/9TH CHAITHRA, 1937 IA.NOS.824/2014 AND 825/2014 IN IA.NO.1275/1973 IN OS.NO.65/1956 OF SUB COURT, OTTAPALAM ---------------- PETITIONER(S):

---------------------- K.M.KRISHNANUNNI NAIR, AGED 82 YEARS S/O.ARYAN BHATTATHIRPAD, RESIDING AT PRAVDA VINAYAKA NAGAR, THAREKKAD, PALAKKAD DISTRICT. BY ADVS.SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN RESPONDENT(S):

-------------------------

1. RAVEENDRANUNNI NAIR S/O.SAVITHRI NETHYAR NOW RESIDING AT PADMA SAROVARAM, MULLAKKAL NAGAR AMBIKA ARTS ROAD, EROOR WEST, TRIPUNITHRUA-682 306.

2. BALACHANDERANUNNI S/O.SAVITHRI NETHYAR, DHRONA, RAJAS COLONY MANNARKKAD-678 582.

3. SOUDAMANI NETHIAR D/O.SAVITHRI NETHYAR, TRIPADAM, NEAR KALIKOTTA TRIPUNITHURA-682 301.

4. SASEENDRANUNNI S/O.SAVITHRI NETHYAR, RESIDING AT KRISHNA KRIPA RAJAS COONY, MANNARKKAD-678 582.

5. SREEKUMARANUNNI S/O.SAVITHRI NETHYAR, RESIDING AT 41, 2ND MAIN ROAD KAVAL BYRASANDRA, M.M.ZAYANA, R.T.NAGAR BANGLORE-560 032.

6. KUNNATHATTU MADAMBIL BHARATHI NETHIAR ARAKURISSI, MANNARKKAD-678 582.

....2/-

..2..

7. VINODINI NETHIAR POST NO.1770, ISWARASREE, BHARATHIAR ROAD COIMBATORE-6.

8. PADMINI NETHYAR 20/14, SILVER SAND CHS LTD, OSHNIVARA OPP.KAMATCLUB, KAKHANDWALA, MUMBAI.

9. INDIRA NETHIAR ACHAT, VINAYAKA E & A COLONY, THAREKKAD PALAKKAD.

10. KUNHIMALU NETHIAR 11/525, SILVER WEST, ARAKURUSSI MANNARKKAD-678 582.

11. JAYASREEKKAVU POST NO.1770, BHARATHIAR ROAD, GANAPATHI COIMBATORE-6.

12. CHANDRAMOHOANUNNI S/O.VINODINI NETHIAR, POST NO.1770, ISWARASREE BHARATHIAR ROAD, COIMBATORE-6.

13. MALATHY NETHIAR ARCHANA, ARAKURUSSI, MANNARKKAD-678 582.

14. KESAVANUNNI KARNA, HOUSE NO.9, MEERA COLONY VIKAS NAGAR, KIWALE, ROHU ROAD PUNE-412101.

15. BHAVADASAUNNI ARCHANA, ARAKURISSI, MANNARKKAD-678 582.

16. LATHIKAKKAVU ARCHANA, ARAKURISSI, MANNARKKAD-678 582.

17. AMMINI NETHIAR ARCHANA, ARAKURISSI, MANNARKKAD-678 582.

18. M.T.BALAKRISHNA MENON PAROKKOTTU PUTHAN VEETTIL, ARAKURISSI MANNARKKAD-678 582.

19. SANKARANARAYANAN S/O.PAROKKOTTU PUTHEN VEETTIL PARUKUTTY AMMA ARAKURISSI, MANNARKKAD-678 582.

20. DR.SREEKUMARAN CHOTHI, CHAKKARATHUKULAM ROAD, VANDIPETTA, CALICUT. ....3/-

...3...

21. NARAYANAN UNNI 103, NETTA RESIDENCY, KALIAN NAGAR KANARA HALLY BANGLORE-560 047.(KUNNATHATTU MADAMBIL BHARATHI NETHIAR'S CHILDREN)

22. K.V.SANKARAN NAIR 103, NETTA RESIDENCY, KALIAN NAGAR KANARA HALLY BANGLORE-560 047.(KUNNATHATTU MADAMBIL BHARATHI NETHIAR'S CHILDREN)

23. LAKSHMIDEVIKKAVU ARCHANA, ARAKURUSSI MANNARKKAD-678 582.(LEGAL HEIRS OF 10TH DEFENDANT).

24. MANOMOHANUNNI ARCHANA, ARAKURUSSI MANNARKKAD-678 582.(LEGAL HEIRS OF 10TH DEFENDANT).

25. MADANAMOHANUNNI ARCHANA, ARAKURUSSI MANNARKKAD-678 582.(LEGAL HEIRS OF 10TH DEFENDANT).

26. GOPALANUNNI VATSAKUMAR ARCHANA, KARELLAKULANGARA, FORT ROAD THRISSUR-5.

27. GOPALANUNNI SATHEESAN ARCHANA, KARELLAKULANGARA, FORT ROAD THRISSUR-5.

28. GOPALANUNNI MURALEEDHARAN VEENA, NEAR NSS KARAYOGAM OFFICE, CRD MENON COLONY AMBALAKKADU, KALLEKKADU, PALAKKAD.

29. GOPALANUNNI SINDHU ANJANA, KEERANKULANGRA EAST FORT ROAD, THRISSUR.

30. AMBATTU SUKUMARI AMMA ARCHANA, KEERANKULANGRA EAST FORT ROAD, THRISSUR.

31. CHANDRIKA AMMA 37, MALAPARANTH HOUSING COLONY, KOZHIKODE-673 001.

32. SANTHA AMMA 37, MALAPARANTH HOUSING COLONY, KOZHIKODE-673 001.

33. HEMALATHA ARCHANA, KEERANKULANGRA EAST FORT ROAD, THRISSUR. ....4/-

..4..

34. AMBATTU NARAYANANUNNI KALYAN, SULTHANPETTA, PALAKKAD-678 001.

35. C.UMADEVI UMA MANDIRAM, CALICUT ROAD, MANJERI-673 017.

36. C.VENUGOPALAN SHREE GOPAL, INDUSTRIAL ESTATE ROAD, MANJERI-673 017.

37. C.RAGHU UMA MANDIRAM, CLICUT ROAD, MANJERI-673 017.

38. C.GEETHA MELE PATHAYAPPURA, ARAKURUSSI, MANNARKKAD-678 582.

39. HARIGOVINDAN UMA MANDIRAM, CLICUT ROAD, MANJERI-673 017.

40. SAROJANI NETHIAR UMA MANDIRAM, CLICUT ROAD, MANJERI-673 017.

41. P.SETHUMADHAVAN PUTHANVEEDU, PERUMBIDARI, MANNARKKAD.

42. P.BALACHANDRAN LAKSHMI KARUNA, POOJA NAGAR, PATHUR PALAKKAD.

43. P.KRISHNAKUMAR NOW RESIDING AT PEARL PARK, A BLOCK, FLAT NO.F2 NEW BHAGAVATHY TEMPLE, ODUMBHA, THIRUVANNUR CALICUT-673 029.

44. P.REMANI ASOKAM, KUNNATHUR HOUSE, PUNNAYURKUAM THRISSUR-679 561.

45. SAROJINIAMMA PONNIKAVIL HOUSE, VELLILA, MALAPURAM DISTRICT-679 324.

46. SOUMINI AMMA C/O.MR.JAIPAL.M, MANAGER, SIB THIRUVAMBADI, KOZHZIKODE-670 603.

47. SOMAN PONNIKAVIL HOUSE, VELLILA MALAPPURAM DISTRICT-679 324.

48. SOUDHAKRISHNA W/O.GOPINATHA MENON, PANCHAMI, ARAKURISSI MANNARKKAD-678 582.

....5/-

...5..

49. P.BHASKARA MENON BASURI, ARAKURISSI, MANNARKKAD-678 582.

50. P.INDUMATHY DERE VILAS, ARAKURISSI, MANNARKKAD-678 582.

51. P.R.HARIDAS NANDANAM, KSRA 121, RC JUNCTION KUNNUKUZHI, THIRUVANANTHAPURAM-695 035.

52. P.R.SURENDRAN NANDANAM, KSRA 121, RC JUNCTION KUNNUKUZHI, THIRUVANANTHAPURAM-695 035.

53. P.R.SASIDHARAN S/O.KIZHAKKEKARA VEETTIL K.M.RAMANUNNI NAIR EDATHUPURAM TEMPLE ROAD, ANGADIPURAM-679 321.

54. K.P.RADHA KARUMATHIL PUTHIYA VEETTIL, ARAKURISSI MANNARKKAD-678 582.

55. K.P.RAJENDRAN KARUMATHIL PUTHIYA VEETTIL, ARAKURISSI MANNARKKAD-678 582.

56. K.P.VASANTHA KARUMATHIL PUTHIYA VEETTIL, ARAKURISSI MANNARKKAD-678 582.

57. K.P.SUNANTHA KARUMATHIL PUTHIYA VEETTIL, ARAKURISSI MANNARKKAD-678 582

58. K.P.MADONA MOHAN KARUMATHIL PUTHIYA VEETTIL, ARAKURISSI MANNARKKAD-678 582

59. K.P.SOBHANA KARUMATHIL PUTHIYA VEETTIL, ARAKURISSI MANNARKKAD-678 582

60. K.P.KRISHNAUNNI KARUMATHIL PUTHIYA VEETTIL, ARAKURISSI MANNARKKAD-678 582

61. ANKARATH RAMANI NETHIAR 2E, RAMA NIKETAM APARTMENTS, BEHIND SREERAM TEMPLE PUSHPAGIRI AGRAHARAM, PUNKUNNAM, THRISSUR-680 002. ....6/-

..6..

62. ANKARATH RAJEEV 2E, RAMA NIKETAM APARTMENTS, BEHIND SREERAM TEMPLE PUSHPAGIRI AGRAHARAM, PUNKUNNAM, THRISSUR-680 002.

63. REENU NETHIAR 2E, RAMA NIKETAM APARTMENTS, BEHIND SREERAM TEMPLE PUSHPAGIRI AGRAHARAM, PUNKUNNAM, THRISSUR-680 002. R2,R16 & 53,R58 BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.RAAJESH S.SUBRAHMANIAN R4 BY ADV. SRI.T.A.RAJAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

TRUE COPY OF THE SCHEME PREPARED IN ACCORDANCE WITH THE PRELIMINARY DECREE AND DATED 27/11/1991.

EXT.P2.

TRUE COPY OF THE PETITION DATED 5/4/2013 IN IA NO.941/2013 IN IA 1275/1973 IN OS NO.65/1956 ON THE FILE OF THE SUB COURT, OTTAPALAM.

EXT.P3.

TRUE COPY OF THE COMMISSION REPORT DATED 26/10/2013 IN EXT.P2.

EXT.P4.

TRUE COPY OF THE PETITION DATED19/11/2013 IN IA NO.941/2013 IN IA 1275/1973 IN OS NO.65/1956 PASSED BY SUB COURT, OTTAPALAM. EXT.P5.

TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 31/3/2014 IN IA 824/2014 FILED BY THE PETITIONER HEREIN IN IN IA NO.941/2013 IN IA 1275/1973 IN OS NO.65/1956 BEFORE THE SUB COURT, OTTAPALAM. EXT.P6.

TRUE COPY OF IA DATED 31/3/2014 FILED BY THE PETITIONER HEREIN FOR REVIEW OF THE ORDER IN IA NO.941/2013 IN IA 1275/1973 IN OS NO.65/1956 BEFORE THE SUB COURT, OTTAPALAM.

EXT.P7.

TRUE COPY OF THE ORDER DATED 25/9/2014 IN IA 824/2014 IN IA 1275/1973 IN OS NO.65/1956 PASSED BY THE THE SUBORDINATE JUDGE'S COURT, OTTAPALAM.

EXT.P8.

TRUE COPY OF THE ORDER DATED 25/9/2014 IN IA 825/2014 IN IA 1275/1973 IN OS NO.65/1956 PASSED BY THE THE SUBORDINATE JUDGE'S COURT, OTTAPALAM.

ANNEXURE A1: TRUE PHOTOSTAT COPY OF THE MUNUTES OF THE SAID GENERAL BODY MEETING DATED 22/2/15.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 2900 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2015

J U D G M E N T

Under challenge is Exts.P7 and P8 orders passed by the Sub Court, Ottapalam.

The facts absolutely necessary for the disposal of this petition are as follows:

The suit was one for partition in which a preliminary decree was passed long ago. Among the items available for partition, there were two schools running under the aid of the Government. The schools were managed as per the terms in the preliminary decree. The preliminary decree held that the school need not be partitioned and a Council is to be formed from among the plaintiff and defendants 1 to 13 for management of the school with the eldest member as the President of the Committee. The petition makes mention of a scheme that was followed in that regard and preliminary decree is produced as Ext.P1. An application

O.P.(C) No. 2900 of 2014 -2was filed by one of the parties as I.A.No. 274 of 2000 for calling a General Body Meeting for electing the Committee. I.A.No. 1984 of 2000 was filed with a prayer to appoint a Returning Officer. I.A.s were allowed and Advocate Sri. M.V. Haridas was appointed as Returning Ofrficer. It is claimed that the first respondent filed an interlocutory application as I.A. No. 941/2013 praying that the Returning Officer may be directed to call for the General Body Meeting for the purpose of electing Executive Committee.

It is claimed that as per Ext.P1 scheme, the quorum of meeting was 60% of the total members for the General Body Meeting. Returning Officer who convened the meeting submitted a report before the Hon'ble Court that the meeting could not be convened since there was no quorum. He also reported that only 7 members participated in the meeting. Copy of the report is produced as Ext.P3. 4.

The court below, according to the petitioner, without any application of mind, passed an order declaring

O.P.(C) No. 2900 of 2014 -3that the persons present in the meeting and who had submitted nomination were elected. Copy of the order is produced as Ext.P4.

The petitioner claims that he is the eldest male member of the family and going by the preliminary decree, he is entitled to head the Council. The petitioner was not present for the meeting as he was aware of the nonavailability of quorum for the meeting and he was also suffering from ill health. Coming to know about Ext.P4 order, the petitioner claims to have filed two I.A.s namely I.A.No. 824 and 825 of 2014 to review Ext.P4 order and to condone the delay in filing the review petition. The court below has dismissed both the petitions.

The petitioner points out that the court below was not justified in dismissing the petition as no reasons have been pointed out for not entertaining the petitions. The petitions have been dismissed by a non speaking order and that was unacceptable in law.

O.P.(C) No. 2900 of 2014 -47.

Sri. P.B. Sahasranaman, the learned counsel appearing for the second respondent on the other hand pointed out that due to the stay passed by this Court, the affairs of the school are in total mess and it is necessary to give a finality to the matter. The learned counsel went on to point out that the managing committee of the school is yet to be constituted properly and that affects the running of the school.

After having heard the learned counsel on both sides, it is felt that the review petition has not been considered properly by the court below and it has been dismissed by non speaking order.

It is trite that the court below while disposing of the matter, is bound to give reasons for its decision. Whether they are sufficient grounds for review etc. or not are matters for the lower court to consider. The petitioner has given reason as to why delay was caused in filing the review petition. The petition ought to have been considered

O.P.(C) No. 2900 of 2014 -5in accordance with law.

10.

For the above reason, this petition is allowed and Exts. P7 and P8 are set aside and the delay in filing the review petition stands condoned and the court below is directed to take up the review petition on file and dispose it of on merits as expeditiously as possible, at any rate, within a period two months from the date of re-opening of the court, after summer vacation 2015.

The review petition, as far as possible, may be considered before the court closes for the summer vacation. The Registry may communicate the order to the court concerned. Both parties will be entitled to raise all their contentions before the court below.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge