LAWS(KER)-2019-2-133

EZHUTHACHAN NATIONAL ACADEMY REPRESENTED BY ITS GENERAL SECRETARY Vs. R. GOPINATHAN NAIR S/O. RAMAN PILLAI

Decided On February 12, 2019
Ezhuthachan National Academy Represented By Its General Secretary Appellant
V/S
R. Gopinathan Nair S/O. Raman Pillai Respondents

JUDGEMENT

(1.) Has the District Court, while exercising jurisdiction under section 25 of the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 (hereinafter referred to as Act 12 of 1955), the power to grant an interim order of injunction? This is the question that has been referred to this Division Bench by the Reference order.

(2.) The aforesaid question of law has been referred to this Division Bench by the single Judge sitting in review of an order passed earlier by a Single Bench of this court, confirming an order of temporary injunction granted by the District Judge, on an application filed under section 25 of Act 12/1955.

(3.) According to the learned single Judge, the view expressed in Oorazhma Devaswom Board, Vaduthala Vs. Brahmadhathan Namboodhiri and others [2014 (1) KHC 383] stands in conflict with the earlier decisions of the Supreme Court in Nawab Usma Ali Khan Vs. Sagarmal (AIR 1965 SC 1798), Thresia Vs. Xavier (AIR 1977 Kerala 118 (FB), Gandhian Institute of Studies, Varanasi Vs. 4th Additional District Judge, Varanasi and others (2007 AIHC 103) and Parayakattu Nalukulangara Devaswom Vs. Padmanabhan Harshas and others (1983 KLT 803).