P. KRISHNANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) AS No. 615/2000 is directed against the judgment in OS No. 3/89 of the District Court, Thiruvananthapuram. The plaintiffs are the appellants and the parties are being referred to hereinafter as they were before the Court below. The suit was filed originally by three plaintiffs namely Kottukalkonam Hindu Nadar Mahajana Sanghom (1), M. R. Gopalakrishnan Nadar S/o Ramayyan Nadar (2), Thankappan, Membership No. 337, Kottukalkonam Hindu Nadar Mahajana Sanghom (3). Later, N. Gopalakrishnan was impleaded as additional plaintiff No. 4. The relief that was sought for in the suit was for declaration that defendants 1 to 5 are not entitled to hold office as President, Vice President, Secretary, Joint Secretary and Treasurer respectively of Kottukalkonam Hindu Nadar Mahajana Sanghom referred to in the impugned judgment as well as hereinafter as the society and for their removal from the respective offices, for preparation of a scheme for the proper management of the society etc. The first plaintiff is the society itself and it appears that plaintiffs 2 to 4 have joined the plaint as persons representing the first plaintiff. It is averred that plaintiffs 2 to 4 are permanent residents of Kottukalkonam Village and are Hindu Nadars. It is also averred that even prior to 1070 M.E. for the upliftment of the Hindu Nadar Community and for various other purposes intended for the welfare of the members of that community, the first plaintiff / organization was formed. Its General Body meeting was held in 1123 M.E. in which the residents of the Kottukalkonam locality and Mammamkulam desom participated. For achieving the purposes for which the first plaintiff / organization was formed, bye - laws were framed and the organization was registered as a society under the Travancore Cochin Literary & Scientific Charitable Societies Act (Act XII of 1955). Thus, going by the plaint averments itself the first plaintiff society is one registered under Act XII of 1955.

(2.) To begin with, there were seven defendants. Later on the basis of orders passed in IA Nos. 1805/91, 1/92, 1441/92, 1495/94 and 63/95 and 1283/97, additional defendants 8 to 105 were impleaded. The suit is filed after obtaining leave of the Court under S.92 of the Code of Civil Procedure on the premise that the society is a public trust. Petition for leave was filed in OP 68/87 under S.92 CPC by Sri. M. R. Gopalakrishnan Nadar and Thankappan, (Plaintiffs 2 and 3). The District Court granted leave under S.92 to Sri. M. R. Gopalakrishnan Nadar and Thankappan for filing the suit by its order dt. 03/08/89. The above order was challenged by the first respondent in the OP (D1) Sri. M. R. Gopalakrishnan Nadar) by filing CRP. 2352/89 before this Court. This Court dismissed the CRP holding that the order dt. 03/08/89 is administrative in nature and not liable to be challenged by filing a revision petition. However, it is made clear in the order of this Court that 'the petitioner can oppose the suit by raising all contentions which a party in the said circumstances could raise'. It was thereafter that the suit was proceeded with. As already indicated, it is alleged in the plaint that plaintiffs 2 and 3 are the members of the society and their membership numbers are 345 and 337 respectively. It is also alleged that plaintiffs and defendants are impleaded as representatives of the society and members of the public and a petition is filed under O.1 R.8 CPC for leave to prosecute the suit in a representative capacity. It is stated in the plaint that the first defendant in the suit was declared as the Manager of an aided High School which is being conducted by the society in the General Body meeting held on 13/03/77 and is continuing as Manager of the school and also as the President of the society. It is alleged that the period of the first defendant as President would expire on 13/03/80 and thereafter he has no right to be the President of the society or the Manager of the School. The plaintiffs do not recognize the defendants as the office bearers of the society. There are allegations in the plaint to the effect that after 1980 the General Body meetings are not being conducted and that proper accounts are not being maintained. There are also allegations to the effect that the governing council of the society are not complying the requirements of Act XII of 1955 regarding preparation of Balance Sheet, Income and Expenditure statements, maintenance of membership register and forwarding of the same to the Registrar. Allegations are leveled also to the effect that the immovable properties of the aided high school belonging to the society are indiscriminately alienated; that the sale proceeds are not properly accounted; that temple belonging to the society is not properly maintained; that general body meetings are not being conducted and that even when conducted, notices are not being given to the plaintiffs. More importantly, it is alleged that the society is a public trust and that there is gross maladministration and that the society and its properties are not being administered properly.

(3.) The following specific prayers are sought for in the suit: