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2023 Supreme(Online)(KER) 8666

HIGH COURT OF KERALA
BASANT BALAJI, J
S E KRISHNAN NAMBOODIRI – Appellant
Versus
RAJEEV MEMORIAL HEALTH AND EDUCATIONAL SOCIETY, PILATHARA – Respondent


Advocates:
SRI.V.N.RAMESAN NAMBISAN, SRI.T.K.VIPINDAS – R1 to R3 SRI.GRASHIOUS KURIAKOSE (SR.)- R4 SRI.GEORGE MATHEWS

JUDGMENT

(Dated this the 4th day of October 2023)

The appellants are the petitioners in O.P.No. 2 of 2011 on the files of the Subordinate Judge’s Court, Payyannur and the respondents are the defendants therein. O.P.No.2 of 2011 was filed under section 92 of the Code CPC for granting permission to institute the suit.

2. The case of the petitioners is as follows:

Some prominent persons in Cheruthazham formed a charitable trust committee to establish educational institutions, high schools, colleges, training schools and hospitals for the welfare of the citizens. It also had an aim of cultural and occupational activities. The trust committee formed was registered under the Societies Registration Act, 1860 with the Registrar, in the name and style as Rajeev Memorial Health and Educational Society. Amounts were collected by way of membership fees and donation from public, teaching and non teaching staff.

3. After the registration of the society, a copy of the byelaw was not given to the plaintiffs, and they were kept in dark regarding the general body meeting. The plaintiffs obtained a copy of the bylaw and on perusal, it was found that the executive committee is the supreme authority of the

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