EZHUTHACHAN NATIONAL ACADEMY Vs. R.GOPINATHAN NAIR

JUDGEMENT

(1.) These original petitions and the civil revision petition are pertaining to a dispute in respect of Ezhuthachan National Academy, which is registered under Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. In the challenge is against order in in O.P.605/2017 on the files of Additional District Court I, Thiruvananthapuram. The said original petition No.605/2017 is filed under Section 25 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. was filed raising a question of maintainability. O.P.(C)No.1173/2018 is also filed by Ezhuthachan National Academy and others aggrieved by Ext.P9 order therein i.e. order in I.A.No.322/2018 in O.P.No.605/2017. O.P.(C)No.1202/2018 is filed by 2nd and 10th petitioners in I.A.No.322/2018 challenging Ext.P11 letter issued by the first respondent in the O.P. calling a general body of the society.

(2.) The impugned order in and O.P.(C)No.1173/2018 are actually a common order i.e. I.A.No.322/2018 and as well as I.A.No.968/2018 in O.P.No.605/2018 were disposed of by the court below by a common order.

(3.) The facts of the case are as follows : Thunchan Smaraka Samithy is a society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. It was formed in the year 1975 and functioning since then. The Ezhuthachan National Academy is a society which can be considered as a subsidiary association. As per Clause 6 (2) (a) (i) of the bye-law, the President and Secretary of Thunchan Smaraka Samithy are ex-officio members of the Ezhuthachan National Academy. While so, O.P.No.605/2017 is filed praying for a decree to formulate a scheme for the better and efficient management of the first respondent institution and to remove the existing governing body and to appoint a new governing body for the management of the said society.