C.N.SAJEEVAN Vs. EZHUTHACHAN EDUCATIONAL SOCIETY

JUDGEMENT

(1.) These two writ appeals arise out of the judgment of the learned Single Judge of this Court in W.P.(C) No.15962/2019. The second respondent in the writ petition is the appellant in W.A.No.1756/2019. The writ petitioner is the appellant in W.A.No.1983/2019.

(2.) The issue in the writ petition and the appeals relates to the fight between two factions, one led by Sri.P.S.Jayagopal and the other led by Sri.C.N.Sajeevan, claiming the right to manage the affairs of the Ezhuthachan Educational Society (hereinafter referred to as 'the Society') which is registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (hereinafter referred to as 'the Act'). The society is said to be a body constituted by the Ezhuthachan Samajam (hereinafter referred to as 'the Samajam') for running the affairs of the educational institutions of the Samajam.

(3.) The writ petition was filed by P.S.Jayagopal representing himself as the Secretary of the Society. He alleged that Sajeevan, the second respondent in the writ petition, was expelled from the Samajam on 12.01.2017 and consequently, he was also expelled from the Society. In a suit filed by the Samajam as O.S.No.175/2017, Sajeevan produced a copy of the minutes of the meeting of the Samajam held on 01.01.2017 in which he was allegedly elected as the Secretary of the Samajam and also the Society. The writ petitioner and others have filed a suit in the Munsiff's Court, Thrissur as O.S.No.1484/2017 (representing themselves as the office bearers of the Society) against Sajeevan and another for granting a decree of declaration that they are the office-bearers of the Society.