Allowed

K.Ramachandran, v. Social Justice Foundation

Kerala HC23 May 2022FAO/56/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed an appeal setting aside an injunction restraining meetings of a society under Order XXXIX Rule 1 CPC. The Court held that the general body is the ultimate authority and blanket injunctions against such meetings are impermissible absent incompetence or violation of the scheme.

What did the court decide?

Impugned injunction order set aside; application dismissed; vacancy of Principal to be filled per Scheme.

K.Ramachandran, Vs Social Justice Foundation — Company and Corporate | Kerala HC (2022)

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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 P.SOMARAJAN

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MONDAY, THE 23^RD DAY OF MAY 2022 / 2ND JYAISHTA, 1944

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FAO NO. 56 OF 2022

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AGAINST THE ORDER DATED 07.01.2022 IN IA No.22/2022 IN OP(TRUST) No.107/2006 OF II ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM

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APPELLANT/COUNTER PETITIONER 1:

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K.RAMACHANDRAN, AGED 66 YEARS, S/o LATE KUTTAN CHETTIAR, GENERAL SECRETARY, SOCIAL JUSTICE FOUNDATION, THIRUVALLOM ENGINEERING COLLEGE CAMPUS, VANDITHADAM, THIRUVALLOM, THIRUVANANTHAPUAM-695 027.

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BY ADV SREEHARI INDUKALADHARAN

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RESPONDENTS/PETITIONERS/COUNTER PETITIONERS 2 & 3:

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1 SOCIAL JUSTICE FOUNDATION, M.G COLLEGE OF ENGINEERING, VANDITHADAM, THIRUVALLAM P.O., THIRUVANANTHAPURAM-695 027, REPRESENTED BY L.C.DASAN, SAMANJANA, POLICE QUARTERS ROAD, NEMOM P.O., THIRUVANANTHAPURAM – 695 020.

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2 J.GOPINATHAN, AMBALSREE, TC 25/1760, NETHAJI BOSE ROAD, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.

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3 K.SUDARSANAN, T.C. 50/1361, USHUS, SATHYA NAGAR, THALIYIL, KARAMANA P.O., THIRUVANANTHAPURAM-695 002.

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4 R.GANESH, LAKSHMI VILAS, KACHANI, KARAKULAM P.O., THIRUVANANTHAPURAM-695 564.

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5 P.AYYAPPAN, TC 20/1361, KARAMANA P.O., THIRUVANANTHAPURAM-695 002.

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6 S.KUMARESAN.V.V., HO VANIYAR STREET, BALARAMA PURAM P.O., THIRUVANANTHAPURAM-695 501.

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FAO No.56 of 2022

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7 MUTHUSWAMY.C., SALINI NIVAS, A-14, BTR NAGAR, NETTAYAM P.O., THIRUVANANTHAPURAM-695 013.

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8 K.BHUVANEDRAN CHETTIYAR, AGED 73 YEARS, FINANCE DIRECTOR, SOCIAL JUSTICE FOUNDATION, MG COLLEGE OF ENGINEERING, VANDITHADAM, THIRUVALLOM P.O., THIRUVANANTHAPURAM-695 027.

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9 SWAMIRAJ, VICE CHAIRMAN, SOCIAL JUSTICE FOUNDATION, MG COLLEGE OF ENGINEERING, VANDITHADAM, THIRUVALLOM P.O., THIRUVANANTHAPURAM, PINCODE-695 027.

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R1 TO R3 BY ADVS. PIRAPPANCODE V.S. SUDHEER AKASH S.(K/980/2008)

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A.MEGHA(K/000488/2018)

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THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 23.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

FAO No.56 of 2022

JUDGMENT

In accordance with the Scheme framed for the

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administration of first respondent, an election was

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conducted and the respective office bearers assumed charge.

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Their tenure would lapse only in December, 2022. In

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furtherance of resignation submitted by the Principal of an Engineering College run by the first respondent, steps were

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taken to fill up the vacancy. It is at that time, the

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present application was submitted under Order XXXIX Rule 1 C.P.C. not to convene the meeting of governing body and the general body. An injunction was granted at first and made absolute subsequently, overlooking the basic principles.

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The general body is the ultimate authority and it is

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neither permissible nor advisable to restraint the

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convening of the meeting of general body and the governing

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body. It is not permissible to restrain any person from

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convening the general body meeting or the governing body

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meeting, unless the same found to be incompetent and unwarranted either on the violation of any material

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FAO No.56 of 2022 4

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requirement under the Scheme or any other sufficient

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reason. A blanket order of injunction not to conduct or convene general body meeting or governing body meeting cannot be granted. The impugned order will stand set aside and the application will stand dismissed. The vacancy of Principal can be filled up by the competent person in accordance with the provision and the mandate under the Scheme framed and the law in force.

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The appeal is allowed accordingly. No costs.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-

K.Ramachandran, v. Social Justice Foundation

Case brief

What is this about?

What did the court decide?

K.Ramachandran, v. Social Justice Foundation

Case brief

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What did the court decide?

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