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1997 Supreme(Ker) 283

K.G.BALAKRISHNAN, B.N.PATNAIK
Padmanabhan Nambiar – Appellant
Versus
Government of Kerala – Respondent


Judgment :-

K.G. Balakrishnan, J.

Four Original Petitions were disposed of by a common judgment and all these Writ Appeals arise from that common judgment. Therur U.P. School is a private aided school under the management of a society by name "Therur Educational Society". The Secretary of the Society is the Manager of the School. Election to the society was conducted in 1987 and one P.V. Govindan Nambiar claimed that he was elected as Secretary. But the appellant Padmanabhan Nambiar claimed that he was the person

really elected as the Secretary of the Society. The election of Govindan Nambiar as Secretary was intimated to the Assistant Educational Officer, Mattannur, who approved him as the Manager of the school. Padmanabhan Nambiar disputed the claim of Govindan Nambiar and filed an appeal and in the appeal it was held that the claim of the manager will finally be decided on the basis of the suit filed by Govindan Nambiar for declaration of his right as Secretary of the Society. Meanwhile Govindan Nambiar filed a suit before the Munsiffs Court, Kuthuparamba as O.S. No. 266/88 for declaration of his right as Secretary of the society and also for consequential injunction. The dispute


















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