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2017 Supreme(Ker) 510

P.SOMARAJAN
P. V. VINOD, S/O. LATEVISWANATHAN – Appellant
Versus
MADHAVARAJA CLUB, ENGLISH CHURCH ROAD, PALAKKAD TALUK, REPRESENTED BY HONOURARY SECRETARY – Respondent


Advocates Appeared:
FOR THE PETITIONER: BECHU KURIAN THOMAS (SR.), S. SREEDEV
FOR THE RESPONDENTS: S. RADHAKRISHNAN, S. RAJ MOHAN, S. SUDARSANAN, KUM.R.ANJALI

JUDGMENT :

Challenge in this petition is against Exhibit P7 order in C.M.A.No.99 of 2015 dated 14.10.2015 of the Additional District Court, Palakkad by the plaintiffs/petitioners. A suit in O.S.No.430 of 2015 was filed challenging inclusion of certain persons as members of the first defendant club. Application in I.A.No.1497 of 2015 was filed for a declaration that induction of new members to the club without receiving admission fee in lumpsum in violation of the bye law is void. The practice prevailed as per the bye law in inducting new members is to receive membership fee in lumpsum and then they shall be put in a selection process by voting by its existing members. The said process is called as election of new members.

2. The main challenge is with respect to the inclusion of certain persons as new members to the club. It was also contended by the petitioners/plaintiffs that the membership fee payable was at Rs.3,00,000/-. The general body has decided to enhance the membership fee to Rs.5,00,000/-, as per the decision taken in the extra ordinary general body meeting held on 24.12.2014 with a condition that those who submit their applications on or before 31st March 2015 need pay o









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