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2025 Supreme(Online)(Ker) 58714

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
BINU SURENDRAN – Appellant
Versus
V.VIJAYAKUMAR – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Santhosh Mathew, Sri.Mathew Nevin Thomas, Sri.Elvin Peter, Sri.C.S.Adarsh Babu, Sri.A.R.L.Sundaresan, Sri.S.Biju, Sri.R.Harikrishnan, Sri.D.ANIL KUMAR, Sri.NEERAJ NARAYAN, Sri.SABU GEORGE, Sri.MANU VYASAN PETER, Sri.P.B.SUBRAMANYAN, Sri.S.V.BALAKRISHNA IYER (SR.), Sri.V.R.MANORANJAN (MUVATTUPUZHA)
For the Respondents: Sri.S.V.Balakrishnan Iyer, Sri.Anil Kumar

JUDGMENT

[WA Nos.2023/2024, 478/2025, 482/2025, 2024/2024]

Devan Ramachandran , J.

Within the labyrinthine pleadings and fasciculous of statutes involved in these cases, rises a short question, whether the “Sree Narayana Dharma Paripalana Yogam” (for short 'the Yogam') is a company operating under the provisions of the Companies Act, 1956 and consequently, under the Companies Act, 2013 ; or under the provisions of the Kerala Non-Trading Companies Act, 1961 (for short “the Kerala NTC Act”).

2. We propose to be circumspect and brief in our observations and holdings in these appeals; the reason for it to become manifest presently, as we deal with the matter.

3. There are four appeals before us — all impelled against the judgments of a learned Single Judge of this Court, which decided two writ petitions jointly, namely, WP(C) Nos.8382/2020 and 1385/2021.

4. The afore two writ petitions were filed by the members of 'the Yogam', challenging the validity of the order of the Government of India dated 20.08.1974 (for short 'the impugned order'); while, in one of them, the petitioners also assail Article 44 of the Articles of Association of 'the Yogam'.

5. The projected cause for the writ petitio

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