RAVEENDRAN C.S. Vs. SREE NARAYANA CHARITABLE TRUST

JUDGEMENT

(1.) The petitioners are the plaintiffs and the respondents are the defendants in the suit O.S.No.131/2019 on the file of the Munsiff's Court, Muvattupuzha.

(2.) The suit is instituted against the first defendant, which is a trust by name Sree Narayana Charitable Trust (hereinafter referred to as 'the Trust') and its office bearers. The crux of the material averments in the plaint are the following: The first defendant is a private charitable trust. The second and the third defendants are the President and the Secretary of the Trust. Defendants 4 to 11 are the committee members of the Trust and defendant 12 to 14 are the officers of the Trust. The plaintiffs are life members of the Trust. The second and the third defendants have constructed a building in the property purchased by the Trust without obtaining any building permit. They are managing the affairs of the Trust in a totally arbitrary and biased manner. They do not maintain accounts. The activities of the Trust are conducted without obtaining the licence or permit of the authorities concerned. The second and the third defendants have not paid the salary to the first plaintiff. The chitty amount due to the first and the second plaintiffs is not paid to them. The second and the third defendants issued letters dated 30.10.2018 to the plaintiffs, terminating their membership in the Trust. The second and the third defendants have no authority to do so and such act was done in violation of the bye-law of the Trust. Even though the Trust was created as a charitable trust for charitable purposes, the second and the third defendants are collecting money for the services of the Trust and appropriating it for their personal gain. They are managing the affairs of the Trust in total violation of the trust deed. The election to the managing committee of the Trust has not been conducted. It is necessary to remove defendants 2 to 11 from the administration and management of the Trust. It is also necessary to prepare a scheme for the administration and management of the Trust.

(3.) The following are the reliefs claimed in the suit.