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2019 Supreme(Online)(KER) 59855

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY,THE 26TH DAY OF FEBRUARY 2019/ 7TH PHALGUNA, 1940 PETITIONER/S: EZHUTHACHAN EDUCATIONAL SOCIETY 322/92, THRISSUR, REPRESENTED BY ITS GENERAL SECRETARY C.N. SAJEEVAN, S/O CHIRAKKAL NARAYANAN, AGED 51, PERUMBILLISSERY, P.O.CHERPU, THRISSUR.

BY ADVS.

SRI.S.EASWARAN SMT.P.A.MENISHA SMT.SOUMYA JAMES SRI.M.A.AUGUSTINE SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.P.SREEKUMAR (THOTTAKKATTUKARA) RESPONDENT/S: 1 THE DISTRICT REGISTRAR (GENERAL), CHEMBUKKAVU, THRISSUR -680 020. P.S.JAYAGOPAL

AGED 52 YEARS, BUSINESS, SON OF SANKARANARAYANAN, RESIDING AT ANUGRAHA, UDAYA NAGAR, AYYANTHOLE VILLAGE AND P.O., THRISSUR - 680 003.

M.A.KRISHNANUNNI AGED 72 YEARS, SON OF MARAVATTIKKAL ACHUTHAN EZHUTHACHAN, RESIDING AT PULLAZHY VILLAGE, CHETTUPUZHA DESOM, THRISSUR - 680 012.

BY ADVS.

SRI.DINESH R.SHENOY SRI.EBIN MATHEW SRI.E.R.ANIL (A-1873) SRI.P.ROHIT PREMANANDAN SHENOY OTHER PRESENT: SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER FOR R1, SRI.DINESH R.SHENOY FOR R2 AND R3

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ::2:: ALEXANDER THOMAS, J .

---------------------

W.P(C).No.37708 Of 2018 ---------------------------

Dated this the 26th day of February, 2019.

Advocates:
S.EASWARAN, SRI.P.MURALEEDHARAN (IRIMPANAM), SRI.M.A.AUGUSTINE, SRI.P.SREEKUMAR (THOTTAKKATTUKARA), SMT.SOUMYA JAMES, SMT.P.A.MENISHA,SRI.DINESH R.SHENOY,SRI.E.R.ANIL (A

J U D G M E N T

The prayers in the above Writ Petition

(Civil) are as follows:

“a) issue a writ of certiorari or other appropriate writs, directions or orders calling for the records leading upto Exhibit P7 order and quashing Exhibit P7 order;

b) issue a writ of mandamus or other appropriate writs, directions or orders restraining the 2nd respondent from representing the Ezhuthachan Educational Society, 322/92 Thrissur;

c) issue a writ of mandamus or other appropriate writs, directions or orders restraining the 1st respondent from further proceeding with Ext.P7 order, pending disposal of the writ petition.

d) to grant such other reliefs as this Honourable Court may deem fit just and proper in the circumstances of the case.”

2. Heard Sri.S.Easwaran, learned counsel for the petitioner, Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for 1st respondent and Sri.Dinesh R.Shenoy, learned counsel appearing for contesting respondents 2 & 3. ::3::

3. The core of the factual elements required for the short disposal of this case are as follows:

From the pleadings and materials on record, it is seen that internecine battle is going on between the group/faction of the petitioner and that of the contesting respondents 2 & 3 in respect of the management of the affairs of the Ezhuthachan Educational Society No.322/92, Thrissur, which is a society registered under the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and the Rules framed thereunder and whose notified Registrar as per the enactment is the District Registrar (General), Thrissur. Earlier, the petitioner and the members of his group had submitted a list before the 1st respondent-notified Registrar, claiming to be the list of office bearers and the elected committee members of the said society for the ::4:: year 2016-17 in terms of Sec.7(3) of the abovesaid Act and also the annual statement of accounts of the said Society for the accounting year 2016-17 as per Sec.13 of the said Act on the premise that the said list furnished by them is the list of the duly elected office bearers and members of the elected committee of the Society, etc. The said list and the statement of account as per Ext.P-2 furnished by the petitioner's group was accepted and acted upon by the 1st respondent as can be seen from the materials in Ext.P-3. Later, it appears that contesting respondents 2 & 3 have filed Ext.P-4 Original Suit, O.S.No.1484/2017 before the Munsiff's Court, Thrissur, wherein the General Secretary of the petitioner-Society, Sri.C.N.Sajeevan and another person, Aravindakshan, have been arrayed as defendants and the prayers in the said suit are to declare that the plaintiffs therein are the duly elected office bearers of the said ::5:: society and also consequential release by way of injunction, etc. An interlocutory order was passed by the said civil court in Ext.P-4 suit as per Ext.R-2(m) order dated 28.3.2017, whereby an ad interim injunction order was granted by the said civil court restraining the defendants therein from conducting any meetings in respect of the affairs of the abovesaid registered society. It is not in dispute that the said interim order as per Ext.R-2(m) is still current. Thereafter, the contesting respondents 2 & 3 had pressed for orders in Ext.P-5 petition dated

25.3.2017 filed by them before the 2nd respondent seeking for orders that the action taken pursuant to Ext.P-2 as is discernible from Ext.P-3 should be withdrawn and the list of office bearers and elected members of the committee as well as the statement of accounts of the society as furnished by contesting respondents 2 & 3 should be accepted by the 1st respondent-notified Registrar ::6:: presumably placing reliance on the provisions of

Sec.7(3)

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