IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 31^ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943 OP(C) NO. 3121 OF 2017 OS 50/2015 OF MUNSIFF COURT, CHENGANNUR PETITIONER/S:

RAMESH BABU AGED 46 YEARS, S/O. RAVINDREEN NAIR, RESIDING AT PANAMOOTTIL HOUSE, KEEZHCHERRIMEL MURI, CHENGANNUR VILLAGE, CHENGANNUR, ALAPPUZHA DISTRICT.

BY ADVS.

SRI.G.SREEKUMAR (CHELUR)

SRI.K.N.RADHAKRISHNANTHIRUVALLA RESPONDENT/S:

1 SREE KRISHNA VILASWOM NSS KARAYOGAM NO. 698 KEEZHCHERIMEL MURI, CHENGANNUR, REPRESENTED BY ITS SECRETARY, PIN-689121.

2 SREE KRISHNA VILASWOM NSS KARAYOGAM NO. 698 KEEZHCHERIMEL MURI, CHENGANNUR, SECRETARY N.

HARIKRISHNAN, AGED 59 YEARS, SAI KRIPA, KEEZHCHERIMEL MURI, CHENGANNUR, PIN-689121.

3 DR. RAJAGOPAL AGED 80 YEARS, KADAVALATHU HOUSE, KEEZHCHERIMEL MURI, CHENGANNUR, PIN-689121.

4 G. RAJASEKHARAN AGED 60 YEARS, RESIDING AT ELAYIDATHU HOUSE, KEEZHCHERIMEL MURI, CHENGANNUR, PIN-689121.

5 ADDL.R5. B.JAYAKUMAR CONVENER , AD HOC COMMITTEE,SREEKRISHNA VILASOM N.S.S KARAOGAM NO.698, KEEXHCHERIMEL,CHENGANNUR P.O,RESIDING AT KALLORETHU VEEDU,KEEZHCHERIMEL,CHENGANNUR P.O ( IMPLEADED AS ADDITIONAL RESPONDENT 5 AS PE ORDER DATED 01.09.2021 IN IA NO.1/2021)

BY ADVS.

M.R.SUDHEENDRAN SRI.C.UNNIKRISHNAN KOLLAM SRI.V.VENUGOPALAN NAIR THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16.09.2021, THE COURT ON 31.01.2022, DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 31^st day of January, 2022 Petitioner is the plaintiff in O.S.No.50 of

2015 on the files of the Munsiff's Court, Chengannur. The petitioner has filed the suit in his capacity as a member of the first defendant Karayogam, a constituent of the Nair Service Society. As per the averments in the plaint, the affairs of the Karayogam is administered by an elected committee. Defendants 2 to 4 were the office bearers of the committee during the period 1996-2011. During their tenure, a sub-committee by name 'Keecherimel Palliyoda Nirmana Samithi' was constituted with the objective of constructing a Palliyodam for the first defendant Karayogam. The committee members, including defendants 3 and 4 indulged in various acts of misappropriation under the guise of construction of Palliyodam. As per the decision of the general body of the first defendant Karayogam, a Chartered Accountant audited the accounts of the Palliyoda Nirmana Samithi and found that an amount of Rs.1,19,700/- had been misappropriated. Thereupon, the general body took a decision to file a civil suit as well as criminal cases, against defendants 3 and 4. The second defendant, who was the Secretary of the committee did not act in accordance with the general body decision. Hence the suit is filed for and on behalf of the first defendant Karayogam, seeking to recover an amount of Rs.1,62,792/- from defendants 3 and 4 and their assets.

2. Along with the suit, the petitioner moved an application for injunction (I.A.No.229 of 2015), seeking to restrain the second defendant from initiating proceedings for conducting election to the committee of the Karayogam. The second defendant entered appearance in the interlocutory application and filed an affidavit, undertaking that election to the committee will not be conducted without obtaining the court's permission. Based on the undertaking, the temporary injunction sought by the petitioner was granted. Later, the additional 5^th respondent herein filed an application for getting impleaded in the suit as I.A.No.852 of 2015, in his alleged capacity as Convener of the ad-hoc committee in administration of the first defendant Karayogam. According to the 5^th defendant, even at the time of institution of the suit, the Karayogam was being administered by the elected committee. Even though the term of that committee expired on 07.01.2015, the second defendant, who was the secretary of the Karayogam, refused to take steps for conducting election of new office bearers to the committee, despite directions in that regard being issued by the NSS Taluk Union. This resulted in