IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 MFA.No. 81 of 2008() ----------------------------- OP.4/1996 of II ADDL. DISTRICT COURT, KOLLAM .................... APPELLANTS: IST & 5TH RESPONDENTS ------------------------------------------------------- 1. SIDHANAR SERVICE EDUCATION TRUST, REG.NO.Q 101/79, SOORANADU NADUVILE MURI, ANAYADI P.O., REPRESENTED BY ITS SECRETARY. 2. K.KOCHUKUNJU, THADAVILA VEEDU, KILIKOLLOOR, KOLLAM, SECRETARY SIDHANAR SERVICE EDUCATION TRUST, REG.NO.Q.101/79, SOORANADU NADUVILE MURI, ANAYADI P.O. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: PETITIONER AND RESPONDENTS 2 TO 4, 6 & 7 -------------------------------------------------------------------------------------- 1. T.K.SUMATHYKUTTY, W/O.KRISHNA SASTHRY, THATTACHERRY, SOORANAD THEKKEMURI, SOORANADU NORTH P.O., SASTHAMCOTTA. 2. M.C.SATHYAPALAN, CHAIRMAN OF SIDHANAR SERVICE EDUCATIONAL TRUST, CHERUSERIL VEEDU, MUTHUPILAKADU, PORUVAZHY P.O., SASTHAMCOTTA. 3. M.N.RAGHAVAN, MOOZHIKIZHAKKATHIL, PADANAYARKULANGARA SOUTH, KARUNAGAPPALLY P.O. 4. G.THANKAPPAN, KAROOR VEEDU, ERUMPANANGADU P.O. 5. KALLADA NARAYANAN, KARINCHAMTHUNDIL HOUSE, CHITTUMALA, EAST KALLADA P.O (DELETED) 6. C.KARUTHAKUNJU, CHERUKUNNIL VEEDU, VENMANYTHAZHAM, VENMANY P.O. KALLADA NARAYANAN, KARINCHAMTHUNDIL HOUSE, CHITTUMALA, EAST KALLADA P.O., 5TH RESPONDENT IN THE APPEAL IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 20.6.2007 IN I.A. NO. 1473 OF 2008 THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv J.B.Koshy & P.N.Ravindran, JJ. ===================== M.F.A.No.81 of 2008 ===================== Dated this the 23rd day of June, 2008. JUDGMENT Koshy,J. It is the contention of the appellants that the Sidhanar Service Educational Trust is working under the Sidhanar Service Society. A petition was filed for conducting election in the Sidhanar Service Educational Trust. After noticing the facts of the case, the learned Single Judge held that with regard to the Sidhanar Service Educational Trust, an election should be conducted. It is submitted that there is a dispute as to whether the Sidhanar Service Society is actually a trust or a society and that is the subject matter of the C.R.P. pending in this Court. In that C.R.P. two receivers were appointed and they are running the above trust/society. We are not expressing any opinion regarding that matter which has to be decided in the Civil Revision Petition. In any event an election has to be conducted. It can be by the receivers appointed in the Civil Revision Petition. MFA 81/08 -: 2 :- If any further orders are required, the parties can approach the court in C.R.P.No.904 of 2006 for appropriate orders. The appeal is dismissed without prejudice to the above right. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 28/6