K.K.NANU Vs. PROF.E.KUNHIRAMAN

JUDGEMENT

(1.) This original petition is filed invoking the jurisdiction of this Court under Article 227 of the Constitution of India seeking among others, a declaration that the meeting of the Pappinissery Panchayat Vishachikilsa Society convened as per Ext.P13 notice is not in accordance with law. The Pappinissery Panchayath Vishachikilsa Society (hereinafter referred to as 'the Society' for short) is a Society registered under the Societies Registration Act, 1860. The petitioner claims to be the Secretary of the Society. The petitioner also seeks a direction to appoint an Advocate Commissioner to conduct the election to the Board of Trustees of the Society in accordance with its bye -laws. The petitioner further seeks a direction for the disposal of the various suits pending in relation to the administration of the Society.

(2.) The Society is running a snake park, an Ayurveda Hospital, an Ayurveda medicine manufacturing unit and an Ayurveda Medical College. The establishments and the institutions of the Society are functioning in the properties assigned to the Society by the Government and the Pappinissery Grama Panchayat. It is alleged in the original petition that the Society was established by late M.V.Raghavan and when he became indisposed, several suits have been filed by persons claiming interests in the affairs of the Society. O.S.No.169 of 2014 before the Munsiff Court, Taliparamba is a suit filed by the first respondent seeking a decree and injunction preventing the eleventh respondent from functioning as the President of the Society. O.S.No.116 of 2014 before the Munsiff Court, Kannur is a suit filed by the eleventh respondent seeking a decree and injunction restraining the first respondent and others from trespassing into the office of the Society and for other reliefs. O.S.No.395 of 2014 before the Munsiff Court, Taliparamba is a suit filed by respondents 3 to 6 for a mandatory injunction directing the Society to convene the General Body of the members of the Society for electing its office bearers. In O.S.No.395 of 2014, an Advocate Commissioner was appointed to convene the Annual General Body meeting of the Society. O.S.No.500 of 2014 before the Munsiff Court, Taliparamba is a suit filed by the tenth respondent seeking a decree restraining the Advocate commissioner appointed in O.S.No.395 of 2014 from conducting the election to the Managing Committee of the Society. O.S.No.514 of 2014 before the Munsiff Court, Taliparamba is filed by the sixth respondent claiming himself as the President of the Society, seeking a decree restraining Dr.P.P.Bhaskaran, the Principal of the Ayurveda Medical College from entering the compound of the college. O.S.No.525 of 2014 before the Munsiff Court, Taliparamba is filed by the sixth respondent claiming to be the President of the Society and seeking a decree restraining the eleventh respondent from interfering with the affairs of the Society. O.S.No.535 of 2014 before the Munsiff Court, Taliparamba is filed by the eleventh respondent and the petitioner together seeking a decree of injunction restraining the sixth respondent from interfering with the affairs of the Society. All the said suits are pending. In addition, an application seeking leave of the court to institute a suit in respect of the Society alleging that it is a public trust is also pending before the District court, Thalassery.

(3.) The pleadings in the aforesaid cases as available on record indicate that all the said suits are in relation to the administration of the Society. In view of the pendency of the aforesaid suits, I do not think it appropriate to decide the validity of the meeting held pursuant to Ext.P13 notice in this Original Petition, especially when the validity of the meeting held pursuant to Ext.P13 notice is not a matter to be decided solely on the basis of the affidavits of the parties. According to me, the validity of the meeting held pursuant to Ext.P13 is also a matter to be decided in the suits. Likewise, this Court is not expected to order an election to the Managing Committee of the Society invoking its jurisdiction under Article 227 of the Constitution of India when suits seeking identical reliefs are pending before the civil courts.