Disposed

G. Sampath v. M.Radhakrishnan

Kerala HC17 Oct 2016OP(C)/978/2016

Case brief

AI extract

What is this about?

The High Court of Kerala issued a direction under Article 227 of the Constitution of India to the Additional District Court, Thiruvananthapuram, to expedite the disposal of two suits concerning the administration and office bearers of the Sree Narayana Charitable Trust within three months, requiring independent findings untrammelled by impugned observations.

What did the court decide?

The petitioner is disposed of with a direction to the Additional District Court to dispose of the pending suits expeditively within three months and to enter independent findings based on evidence.

G. Sampath Vs M.Radhakrishnan — Company and Corporate | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

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MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938

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OP(C).No. 978 of 2016 (O)

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I.A. NO.2987/2015 IN O.S. NO.2/2015 AND I.A. NO.2116/2015 IN O.S. NO.9/2015 OF ADDITIONAL DISTRICT COURT-III, THIRUVANANTHAPURAM.

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PETITIONER/PLAINTIFF:

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G. SAMPATH, SECRETARY IN CHARGE, SREE NARAYANA CHARITABLE TRUST, GURUDEVAPURAM, CHENKOTTUKONAM, THIRUVANANTHAPURAM.

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BY ADVS.SRI.M.BALAGOVINDAN, SRI.S.SHIBU KUMAR.

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RESPONDENTS/COUNTER-PETITIONERS/DEFENDANTS:

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1. M.RADHAKRISHNAN, S/O.T.K.MADHAVA PANICKER, ALUMMOOTTIL, POTHUJANAM ROAD, KUMARAPURAM, KADAKAMPALLY VILLAGE, TRIVANDRUM-695 011.

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2. K.PREMAN, S/O.LATE KESAVA PANICKER, KAILAS, HOUSE NO.32, PANACHAMOODU LANE, PATTOM, VANCHIYOOR VILLAGE, TRIVANDRUM-695 001.

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3. N.KARUNAKARAN (RETURNING OFFICER), LEKSHMIRAG, HOUSE NO.47, VRINDAVAN GARDEN, NEAR VYDYUTHI BHAVAN, PATTOM, VANCHIYOOR VILLAGE, TRIVANDRUM-695 001.

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4. M.K.KUMARAN (PRESIDENT ELECT), 'SREEKAILAS', T.C.31/1494-1, CHAYAKKUDI ROAD, PETTAH. P.O., VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695 024. (AGED AROUND 74 YEARS).

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OP(C).No. 978 of 2016 (O)

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5. DR.(MRS) V.SOBHA (VICE PRESIDENT ELECT), 'SREE MAGNGALAM', V.V. ROAD, PETTAH. P.O., VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695 024. (AGED AROUND 68 YEARS, WIFE OF LATE KRISHNAN).

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6. K.GOPALAKRISHNAN (SECRETARY ELECT), 'KALANGARA', 22-POTHUJANAM LANE, KUMARAPURAM, MEDICAL COLLEGE. P.O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM-695 011. (AGED 71 YEARS, S/O.KUNJUKRISHNAN).

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7. M.RADHAKRISHNAN (JOINT SECRETARY ELECT), S/O.T.K.MADHAVA PANICKER, ALUMMOOTTIL, POTHUJANAM ROAD, KUMARAPURAM, KADAKAMPALLY VILLAGE, TRIVANDRUM-695 011.

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8. N.MANILAL (TREASURER ELECT), 'VISWAM', T.C.14/1302, CHENNILODE, KUMARAPURAM, MEDICAL COLLEGE. P.O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM-695 011. (AGED 69 YEARS, S/O.NARAYANAN).

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9. G.HARIHARAN (EXE. COMM. MEMBER ELECT), 'VAISAKH' KRA-70, AMBALATHUMUKKU, PETTAH. P.O., VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695 024. (AGED AROUND 67 YEARS, S/O.GOPALAN).

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10. B.P.SUBHASH (EXE. COMM. MEMBER ELECT), 'CHITRAPURI', AMBALATHUMUKKU, PETTAH. P.O., VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695 024. (AGED AROUND 70 YEARS, S/O.PURUSHOTHAMAN).

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11. K.NARAYANAN (EXE. COMM. MEMBER ELECT), RAJU BHAVAN, 12-SPACE NAGAR, SREEKARIYAM, PANGAPPARA VILLAGE, THIRUVANANTHAPURAM-695 017. (AGED AROUND 73 YEARS).

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12. S.ANANDALAL (EXE. COMM. MEMBER ELECT), AMBIKA, GURUDEVAPURAM, THUNDATHIL. P.O., AYIROORPARA VILLAGE, THIRUVANANTHAPURAM-695 581. (AGED 57 YEARS, S/O.SADASIVAN).

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13. C.S. GOPI (EXE. COMM. MEMBER ELECT), 'MAYOORAM', THITTAMANGALAM, TRA 301, KODUNGANOOR. P.O., VATTIYOORKAVU, VATTIYOORKAVU VILLAGE, THIRUVANANTHAPURAM-695 013. (AGED AROUND 67 YEARS, S/O.SEKHARAN).

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OP(C).No. 978 of 2016 (O)

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14. K.ANIL KUMAR (EXE. COMM. MEMBER ELECT), 'KRISHNA PADMAM', MNRA-93, ANAYARA. P.O., KADAKAMPALLY VILLAGE, THIRUVANANTHAPURAM-695 029. (AGED AROUND 51 YEARS, S/O.KRISHNA PANIKKAR).

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15. M.K.CHANDRAHAS (EXE. COMM. MEMBER ELECT), CHEERUS, CRA-807, CHAYAKKUDI ROAD, PETTAH. P.O., VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM-695 024. (AGED 78 YEARS, S/O.KESAVA PANIKKAR).

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16. L. PRABHAKARAN ( EXE. COMM. MEMBER ELECT), MOKKATIL, T.C.4/883, PARVATHY NAGAR, KAWDIAR. P.O., KAWDIAR VILLAGE, THIRUVANANTHAPURAM-695 003. (AGED AROUND 74 YEARS, S/O.LEKSHMANAN).

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R1 BY SRI.N.N..SUGUNAPALAN, SENIOR ADVOCATE. R5,R6, R8, R9 & R15 BY ADV. SRI.P.V.JAYACHANDRAN. R7 BY ADV. SRI.S.SUJIN. R10 TO R12 BY ADVS. SRI.VAKKOM N.VIJAYAN,

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SMT.V.RENJU. R13, R14 & R16 BY ADVS. SRI.SUBHASH CYRIAC, SMTSHEEBA JOSEPH.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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OP(C).No. 978 of 2016 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1 TRUE COPY OF THE TRUST DEED GOVERNING THE FIRST RESPONDENT "TRUST".

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P2 TRUE COPY OF THE RESIGNATION LETTER DATED 08.02.2015.

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P3 TRUE COPY OF THE ORDER OF LEARNED DISTRICT JUDGE DATED 21.02.2015, I.A.429/2015 IN O.S.2/2015.

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P4 TRUE COPY OF THE NOTICE DATED 17.06.2015.

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P5 TRUE COPY OF THE SUIT O.S.9/2015 BEFORE THE DISTRICT COURT, (VACATION COURT), THIRUVANANTHAPURAM DATED 30.04.2015.

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P6 TRUE COPY OF THE JUDGMENT IN FAO.102/2015 BEFORE THIS HON'BLE COURT, ERNAKULAM DATED 25.06.2015.

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P7 TRUE COPY OF THE REVIEW PETITION NO.578/2015 BEFORE THIS HON'BLE COURT, ERNAKULAM DATED 29.06.2015. WITHOUT ANNEXURE.

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P8 TRUE COPY OF THE IA.2116/2015 IN OS.9/2015 AND 1ST RESPONDENT FILED IA. NO.2987/2015 IN OS. NO.2/2015.

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P9 TRUE COPY OF THE IA. 2987/2015 IN OS.2/2015 FILED BY 1ST RESPONDENT DATED 04.09.2015.

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P10 TRUE COPY OF THE COMMON ORDER IN I.A. 2987/2015 IN O.S.NO.2/2015 AND I.A.NO.2116/2015 IN O.S. 09/2015 PASSED BY THE DISTRICT COURT-III, THIRUVANANTHAPURAM ON 17.10.2015.

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P11 TRUE COPY OF THE JUDGEMENT IN O.P[C]NO.157/2016(O) DATED 21.01.2016.

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P12 TRUE COPY OF THE COMMON ORDER IN I.A.2987/2015 IN O.S.NO.2/2015 AND I.A.NO.2116/2015 IN O.S.09/2015 PASSED BY THE DISTRICT COURT-III, THIRUVANANTHAPURAM ON 26.02.2016.

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P13 TRUE COPY OF THE PLAINT IN O.S.2/2015 DATED 19.02.2015.

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P14 TRUE COPY OF THE OBJECTION DATED 29.02.2015.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

K. RAMAKRISHNAN,J.

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O.P. (C) No. 978 of 2016

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Dated this the 17^th day of October, 2016

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J U D G M E N T

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This petition has been filed by the petitioner challenging

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Exhibit P12 order passed by the court below under Article 227 of Constitution of India.

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The petitioner and respondents are the members of Sree Narayana Charitable Trust and claiming to be the office bearers and executive committee members, which is under dispute in two proceedings namely O.S. Nos.2/2015 and 9/2015 pending before the IIIrd Additional District Court (Additional District Court and University Appellate Tribunal), Thiruvananthapuram. Exhibit P5 order was passed by the vacation court, which was challenged by filing F.A.O. No.102/2015 and this Court by Exhibit P6 order directed the court below to consider and pass appropriate orders afresh. A review petition was filed before this Court and that was also directed to be considered by the Trial Court. Thereafter, Exhibit P10 common order was passed in I.A. No.2987/2015 in

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O.S. No.2/2015 and I.A. No.2116/2015 in O.S. No.9/2015 regarding the dispute raised by the parties as regards their

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O.P. (C) No. 978 of 2016

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status as office bearers of the trust. Thereafter, some of the parties approached this Court by filing O.P.(C) No.157/2016 for a direction to be given to the court below to pass appropriate orders expeditiously in the applications pending before that court, which, according to the petitioner, has already been disposed of. It is thereafter that Exhibit P12 common order has been passed by the court below quite contrary to Exhibit P10 order passed. This is being challenged by the petitioner before this Court.

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Heard Sri. M.Balagovindan, counsel appearing for the petitioner, Sri.N.N.Sugunapalan, Senior Counsel appearing for the first and seventh respondents, Sri. P.V. Jayachandran, Counsel appearing for respondents 5, 6, 8, 9, 15 and Sri.Vakkam N.Vijayan, counsel appearing for respondents 10, 11, 12 and Sri. Subhash Cyriac, counsel appearing for respondents 13, 14 and 16.

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When the application came up for hearing today, the counsel appearing for the petitioner submitted that he wants only the suits to be expedited at the earliest untrammelled by the observations made by the court below in the impugned orders.

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O.P. (C) No. 978 of 2016

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The counsel for respondents has no objection for the same.

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Both the suits were filed in respect of administration of Sree Narayana Charitable Trust governed by Exhibit P1 trust deed. Dispute is regarding the manner in which the office bearers of the trust have been constituted between the members and the procedure adopted for selection of those office bearers and executive members. However, the suit is of the year 2015. Considering the nature of dispute and also that speedy remedy will have to be given to the parties who are before the Court in respect of management of the Charitable Trust, this Court feels that petition can be disposed of giving direction to the Additional District Court, Thiruvananthapuram, before where the cases are pending for expeditious disposal. So, the petition is disposed of as follows:

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The Additional District Court (Additional District Court and University Appellate Tribunal), Thiruvananthapuram is directed to expedite disposal of O.S. Nos.2/2015 and 9/2015 pending before that court as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment untrammelled by the observations made by the

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O.P. (C) No. 978 of 2016

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court below in the impugned orders and the court below is directed to enter independent findings regarding the dispute in both the suits on the basis of the evidence to be adduced by the parties at the time of trial. The Registry is directed to communicate this judgment to the court below at the earliest.

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With the above observation/direction, this petition is disposed of.

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K. RAMAKRISHNAN JUDGE

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DMR/-

G. Sampath v. M.Radhakrishnan

Case brief

What is this about?

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G. Sampath v. M.Radhakrishnan

Case brief

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