This appeal, filed against orders of an Additional District Court concerning a charitable society, was not pressed by the appellants' counsel. The High Court accordingly allowed the withdrawal and dismissed the appeal.
The appeal was allowed to be withdrawn and stood dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
FAO NO. 52 OF 2022
AGAINST THE ORDER DATED 28.03.2022 IN IA No.01/2021 IN OP(Society) 122/2021 OF ADDITIONAL DISTRICT COURT- IV, KOLLAM
APPELLANTS/PETITIONERS 1 TO 4, 6 TO 11, 13, 14, 17, 22 TO 28, 31 &
33:
FAO No.52 of 2022
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| 9 | R.PRADEEP, AGED 61 YEARS, S/o P K RAGHAVAN, |
|---|---|
| MEMBER NO.104, JEEVAN SREE, PADA NORTH, KARUNAGAPALLY P.O., KOLLAM- 690544 |
|
| 10 | P.PRASANNAN, AGED 68 YEARS, S/o N S PRABHAKARAN, MEMBER NO.211, LEKSHMI PRABHA, MUNDAKKAL, KOLLAM - 691001 |
| 11 | K.P.SYAMALA DEVI, AGED 61 YEARS, D/o K N PEETHAMBARAN, MEMBER NO.144, UTHRADOM, ASRAMAM P.O., KOLLAM - 691002 |
| 12 | DR. SHEELA P, AGED 61 YEARS, D/o K NARAYANAN, MEMBER NO.190, NARAYANEEYAM, BRN 9A, MADANNADA, THEKKEVILA P.O., KOLLAM- 691016 |
| 13 | B S HARILAL, AGED 63 YEARS, S/o BALAKRISHNAN, MEMBER NO.116, NIRAPPUVILA, EAST KALLADA P.O., KOLLAM - 691502 |
| 14 | N. SAVYA SACHI, AGED 70 YEARS, S/o SADANANDAN, MEMBER NO.181, REVATHI, BHOOTHAKULAM P.O., KOLLAM - 691302 |
| 15 | V.JOY, AGED 56 YEARS, S/o VISWAMBHARAN, MEMBER NO.183, BHAGYA LEKSHMI, PUTHENKULAM P.O., S.PARAVUR, KOLLAM- 691301 |
| 16 | S. MURALEEDHARAN, AGED 72 YEARS, S/o SREEDHARAN, MEMBER NO.125, GREEN LAND, CHERUMANGAD, PUTHOOR P.O. KOLLAM - 691507 |
| 17 | B SANTHOSH KUMAR, AGED 62 YEARS, S/o BHASKARAN, MEMBER NO.180, SEEMAS VILLA, ULIYAKKOVIL P.O., KOLLAM - 691019 |
| 18 | U SURESH, AGED 49 YEARS, S/o UTHAMAN, MEMBER NO.198, MADHAVA SADANAM, NEDUMPANA P.O. KOLLAM - 691576 |
| 19 | J RAJENDRAN, AGED 65 YEARS, S/o JANARDHANAN, MEMBER NO.199, SREE CHAKRAM, KHADI JUNCTION, MUTTAKKAVU, NEDUMPANA P.O., KOLLAM- 691576 |
FAO No.52 of 2022
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20 DR.ATHUL AJITH, AGED 32 YEARS, S/o AJITHAN, MEMBER NO.164, PAZHAVILA, POORAM NAGAR, PULLIKKADA, KOLLAM - 691001
21 ANEESH ASOKAN, AGED 37 YEARS, S/o ASOKAN, MEMBER NO.135, MAHIMA, ASRAMAM P.O., KOLLAM - 691002 22 DR.P.CHANDRASENAN, AGED 76 YEARS, S/o PURUSHOTHAMAN, MEMBER NO.06, PRASANTHI, ROYAL NAGAR - 105, KILIKOLLUR P.O., KOLLAM-691004 BY ADVS. P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA R.GITHESH HANI P.NAIR SACHIN JACOB AMBAT AJAY BEN JOSE MANJUNATH MENON ANNA LINDA V.J ELDHO CHERIAN HARIKRISHNAN S. S.SREEKUMAR (SR.)
RESPONDENTS/RESPONDENTS 1 TO 30 & PETITIONERS 5, 12, 15, 16,18 TO 21,
29, 30, 32:
1 SREE NARAYANA HEALTH CARE SOCIETY, A CHARITABLE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE TRAVANCORE COCHIN LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES REGISTRATION ACT (ACT 12 OF 1955), REG.NO.Q.1113/2002, PANGOD, KARIMPINPUZHA PO, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN – 691 507, REPRESENTED BY ITS SECRETARY, BY NAME M L ANIDHARAN.
2 M L ANIDHARAN, AGED 78 YEARS, S/o LEKSHMANAN, MEMBER NO.30, JYOTHIS, BHAVANA NAGAR - 51, KADAPPAKKADA P.O, KOLLAM – 691 008, SECRETARY, S.N.H.S.
3 PROF. K SASIKUMAR, AGED 73 YEARS, S/o KARUNAKARAN, CHAIRMAN, (NOMINATED EXECUTIVE COMMITTEE MEMBER), SREE NARAYANA HEALTH CARE SOCIETY, RESIDENT OF PADMARAGAM, AMRUTHUKULAM, MUNDAKKAL EAST, KOLLAM - 691001
FAO No.52 of 2022
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FAO No.52 of 2022
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| 14 | P. SUNDARAN, AGED 69 YEARS, S/o PRABHAKARAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.P04, LEKSHMI PRABHA, SREENAGAR- 14, KADAPPAKKADA.P.O, KOLLAM - 691008 |
|---|---|
| 15 | G. SUNDARESHAN, AGED 74 YEARS, S/o GOPALAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. P05, GANAPATHY BHAVAN, VADAKKEVILA.P.O, KOLLAM - 691010 |
| 16 | G. SURESH, AGED 66 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. 26, AKHILA, PATTATHANAM.P.O, DRASANA NAGAR- 60, KOLLAM – 691021 |
| 17 | DR.N. PANKAJAKSHAN, AGED 69 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.28, CHERUKULATHU, THATTAMALA.P.O, KOLLAM, PIN - 691020 |
| 18 | D.K.S VIJAYAN, AGED 75 YEARS, S/o SUKUMARAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO 228, SUKUMARANA, MANACAUD, ATTUKAL, TRIVANDUM - 695009 |
| 19 | DR.V. CHITHARANJAN, AGED 68 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.214, VRINDAVANAM, THAZHEKKARA, MAVELIKKARA,, PIN - 690108 |
| 20 | PRAKASH NADESAN, AGED 69 YEARS, S/o NADESAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO: 225, CHEPPALLY, KOTTIYAM P.O, KOLLAM - 691571 |
| 21 | DR. A.B.PRADEEP, AGED 65 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. 142, PADMA BHAVAN, ALUMKADAVU P.O., KARUNAGAPPALLY, PIN - 690573 |
| 22 | GOPALAKRISHNA PANIKER, AGED 59 YEARS, S/o PRABHAKAR PANICKER, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.34, MANGALYA, VADAYATTUKOTTAH, KOLLAM- 691001 |
| 23 | D. JAYACHANDRAN, AGED 61 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. 119, SRI DEVI MANDIRAM, TC/28/2636, CHETTIKULANGARA, TRIVANDRUM, PIN - 695035 |
FAO No.52 of 2022
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| 24 | K.K.SHANAVAS, AGED 62 YEARS, S/o KUMARAN, |
|---|---|
| EXECUTIVE COMMITTEE MEMBER, MEMBER NO.117, KOICKAL, CHERUPOIKA.P.O, PAVITHRESWARAM - 691543 |
|
| 25 | A.SATHEESAN, AGED 80 YEARS, S/o ACHUTHA PANICKER, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.133, THEJAS, KADAPPAKKADA.P.O, KOLLAM, PIN - 691008 |
| 26 | D.RAJKUMAR, AGED 59 YEARS, S/o DAMODARAN, NOMINATED EXECUTIVE COMMITTEE MEMBER, KOCHUVILAYIL, PALACE ROAD, THEVALLY.P.O, KOLLAM, PIN - 691009 |
| 27 | PROF.K.JAYAPALAN, AGED 79 YEARS, S/o KESAVAN, NOMINATED EXECUTIVE COMMITTEE MEMBER, UPASANA, MUNDAKKAL.P.O, KOLLAM, PIN - 691010 |
| 28 | SUNIL KUMAR.A, AGED 60 YEARS, S/o ASOKAN, NOMINATED EXECUTIVE COMMITTEE MEMBER, SUNIL NIVAS, KOOTTIKKADA.P.O, THATTAMALA -691020 |
| 29 | S.JAYADAVAN, AGED 62 YEARS, NOMINATED EXECUTIVE COMMITTEE MEMBER, SUBHADRALAYAM, KOOTTIKKADA P.O., KOLLAM, PIN - 691020 |
| 30 | S.K.YASODHARAN, AGED 69 YEARS, S/o KESAVAN, NOMINATED EXECUTIVE COMMITTEE MEMBER, RAJASREE, MUNDAKKAL WEST, KOLLAM, PIN - 691010 |
| 31 | DR.R.PRAKASH, AGED 65 YEARS, S/o P.K.RAGHAVAN, MEMBER NO.59, KRISHNA NIVAS, PADA NORTH, KARUNAGAPPALLY, KOLLAM - 690544 |
| 32 | B.ASOKAN, AGED 73 YEARS, S/o BHARGAVAN, MEMBER NO.62, VILAYIL VEEDU, KARTHIKA, KUREEPUZHA, PERINAD P.O., KOLLAM - 691604 |
| 33 | DR. T.AMBILIKUMARI, AGED 52 YEARS, S/o VISWANATHAN, MEMBER NO.74, AKSHAYA, PULARI NAGAR-119, PUNTHALATHAZHAM, KOLLAM - 691004 |
| 34 | K.SATHYADEVAN, AGED 67 YEARS, S/o KUMARAN, MEMBER NO.204, ALANGATTU VEEDU, VILLIMANGALAM, MUNROTHURUTHU P.O., KOLLAM – 691511 |
FAO No.52 of 2022
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THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
FAO No.52 of 2022
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JUDGMENT
When the matter came up for hearing, the learned counsel for the appellants fairly submitted that they are not pressing the appeal. Without prejudice to the right of any other reliefs that may be available to the parties and to take up all contentions before the trial court, the present appeal is allowed to be withdrawn. The appeal will stand dismissed as withdrawn.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
ER. BABUSHA N. and others
SREE NARAYANA HEALTH CARE SOCIETY and others
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
