IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 AS.No. 615 of 2000(D) ------------------------- OS.3/1989 of II ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANT(S)/PLAINTIFFS 1, 2 AND 4: ------------------------------------------- 1. KOTTUKAL KONAM HINDU NADAR MAHAJANA SANGHOM. 2. M.R.GOPALAKRISHNAN NADAR, S/O RAMAYYAN NADAR, R.N.HOUSE, KOTTUKALKONAM, KATTACHALKUZHI P.O. 3. N. GOPALAKRISHNAN, KUZHIVILA PUTHAN VEEDU, KOTTUKALKONAM, KATTACHAKUZHI P.O. # ADDL. PLAINTIFFS:- 4. L. RAJAN, S/O THE LATE MR.LEKSHMANAN, (MEMBERSHIP NO.7), RESIDING AT MAVARAMTHOTTOM, KOTTUKALKONAM, KATTACHALKUZHI P.O., VIA BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 5. K. MANIYAN, S/O KOCHAPPI KOCHUPILLA NADAR (MEMBERSHIP NO.380), R/A MAVIRAMTHOTTAM, MANNARKANDOM, KOTTUKALKONAM -DO- -DO- #[ADDL. PLAINTIFFS 4 & 5 ARE IMPLEADED AS PER ORDER OF THIS COURT DT.09/04/10 IN I.A. NO.4858/06] BY ADV. SRI.P.S.KRISHNA PILLAI SRI.N.JOHN SAM RESPONDENT(S): (DEFENDANTS 1, 2, 4, 5, 8, 11 TO 17, 19 TO 25, 27 TO 31, 33 TO 37, 40 TO 42, 44, 45, 47 TO 75, 77, 78, 80 TO 91, 93 TO 98, 100, 101, 103, 104 & 105. --------------------------------------------------------------------------------------- 1. P.KUNJUKRISHNAN NADAR, S/O PADMANABHAN NADAR, MEMBERSHIP NO.242, KOTTUKALKONAM HINDU NADAR MAHAJANA SANGHOM, RESIDING AT KRISHNA SADANAM, PALLICHAL, BALARAMAPURAM. * 2. KOCHUKRISHNAN NADAR, MEMBERSHIP NO.42, KOTTUKALKONAM HINDU NADAR MAHAJANA SANGHOM, RESIDING AT THENGUVILA VEEDU, PUTHICHAL, BALARAMAPURAM. [STRIKE OUT] 3. B. APPU, S/O BHANU NADAR, MEMBER SHIP NO.NIL, KOTTUKALKONAM HINDU NADAR MAHAJANA SANGHOM, RESIDING AT KIZHAKKAKUZHIVILA KADAYARA VEEDU, KOTTUKALKONAM, KUTTACHALKUZHI P.O., (VIA) BALARAMAPURAM. 4. N. APPUKUTTAN, S/O NARAYANAN NADAR, MEMBERSHIP NO.272, KOTTUKALKONAM HINDU NADAR MAHAJANA SANGHOM, KALLUKALKONAM, KALLACHALKUZHI P.O., VIA BALARAMAPURAM. 5. V. SURENDRAN, KUZHIVILAKATHU PUTHEN VEEDU, ANTHIYOOR, THANNIMOODU P.O. 6. N. KRISHNANKUTTY, AYKKARAMOOLA PUTHEN VEEDU, RESIDING AT KOTTUKALKONAM, KATTACHALKUZHI P.O. VIA BALARAMAPURAM. 7. K. RAJANDRAN, VATTAVILA PUTHEN VEEDU, RESIDING AT -DO- -DO- 8. K. SUKUMARAN NADAR, VARUVILAKATHU PUTHEN VEEDU, RESIDING AT -DO- -DO- 9. N. SUKUMARAN, VARUVILAKATHU ROADARIKATHU PUTHEN VEEDU, RESIDING AT -DO- -DO- 10. R. BHANU NADAR, KUZHIVILA KADAYARA VEEDU, RESIDING AT -DO- -DO- 11. B. SIVANANDAN, KUZHIVILA KADAYARA VEEDU, -DO- -DO- 12. A. THOMSON NADAR, POONTHOTTATHU VEEDU, -DO- -DO- 13. K. SREEDHARAN, VARUVILA VEEDU, -DO- -DO- 14. K. CHELLAN NADAR, KUZHIVILA VEEDU, -DO- -DO- 15. C. PRATHAPA CHANDRAN, KUZHIVILAVEEDU, -DO- -DO- 16. S. RAVEENDRAN, ARUPARATHALA PUTHENVEEDU, -DO- -DO- 17. B. THANKAMONI, KUZHIVILA KADAYARA PUTHENVEEDU, -DO- -DO- 18. K. NAGAPPAN, POONTHOTTATHUVILA VEEDU, -DO- -DO- 19. P. RAGHAVAN NADAR, KOZHAKKEKUZHIVILA PUTHEN VEEDU -DO- -DO- 20. K. SASIDHARAN, POTTAYIL VEEDU, -DO- -DO- 21. P. BALAKRISHNAN NADAR, VATTAVILAPUTHEN VEEDU, -DO- -DO- 22. R. RAVEENDRAN, VATTAVILA ROADARIKATHUVEEDU, -DO- -DO- 23. S. GANGADHARAN, VATTAVILA PUTHEN VEEDU, -DO- -DO- * 24. K. SHOBHANA KUMARAN, VATTAVILAPUTHENVEEDU, -DO- -DO- [STRUCK OUT] 25. R. PRABHAKARAN, VARUVILA PUTHEN VEEDU, -DO- -DO- 26. S. RAJAMANI, VATTAVILA PUTHENVEEDU, -DO- -DO- 27. S. SASI, -DO- -DO- 28. S. KUNJUKRISHNAN NADAR, -DO- -DO- 29. B. MANOHARAN, VATTAVILA PUTHEN VEEDU, -DO- -DO- 30. S. PONNUMUTHAN NADAR, VATTAVILA PUTHEN VEEDU, -DO- -DO- 31. S. RAMAYYAN NADAR, KUZHIVILA VEEDU, -DO- -DO- 32. B. BABURAJAN, CHILLAVILAKATHU PUTHEN VEEDU, -DO- -DO- 33. G. KUTTAPPAN, KANJIRAMTHOTTATHU VARUVILA VEEDU, KOTTUKAL KONAM KATTACHALKUZHI P.O., VIA BALARAMAPURAM. 34. P. LAKSHMANAN NADAR, CHARUVILA VEEDU, -DO- -DO- * 35. P. KOCHUKRISHNAN NADAR, PLAVILA MELEPUTHEN VEEDU, -DO- -DO- [STRUK OUT] 36. R. NANAN NADAR, SARASWATHY VIALSOM BUNGLOW, KAVINPURAM, KATTALCHALKUZHI P.O., VIA BALARAMAPURAM. 37. N.SUKUMARAN NADAR, KANJIRAMTHOTTAMTHUNDATHATTUVILA THEKKARUKU PUTHENVEEDU, -DO- -DO- 38. N. KARUNAKARAN, KANJIRATHOTTAMTHATTUVILA THEKKARUKU PUTHEN VEEDU, KATTACHALKUZHI P.O. * 39. M. RAGHAVAN NADAR, CHARALUVILA VEEDU, KAVINPURAM, KATTACHALKUZHI P.O., VIA BALARAMAPURAM [STRUK OUT] 40. S. LEKSHMANAN NADAR, KANJIRATHODULLA VEEDU, ANTHIYOOR, KATTACHALKUZHI P.O., VIA BALARAMAPURAM. 41. S. CHELLAN, KANCHIRAMTHOTTATHU VEEDU, ANTHIYOOR, KATTACHALKUZHI P.O., VIA BALARAMAPURAM. * 42. G. GOVINDAN NADAR, CHERIVILAVEEDU, MANNAMKANDAM, KATTUKAL KONAM, KATTACHAL KUZHI P.O., BALARAMAPURAM. [STRUK OUT] 43. P. MADHAVAN NADAR, MANNARAKANDAM CHARUVILA PUTHEN VEEDU, KOTTUKAL KONAM, KATTACHALKUZHY VIA BALARAMAPURAM. 44. P. THANKAPPAN NADAR, MARAKANDAM CHARUVILA PUTHEN VEEDU, KOTTUKAL KONAM, KATTACHALKUZHI P.O. VIA BALARAMAPURAM. 45. M. KRISHNAN NADAR, KRISHNAVILASOM BUNGLOW, KAVINPURAM, KATTACHALKUZHI P.O. VIA BALARAMAPURAM. 46. G. GOPALAN, MARAKANDA CHARIVUVILA PUTHENVEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O. VIA BALARAMAPURAM. 47. P. BALAKRISHNAN NADAR, PLAVILA PUTHEN VEEDU, -DO- -DO- 48. K. RAJAYYAN NADAR, KUZHIVILA VEEDU -DO- -DO- 49. K. SIVANDAN, KUZHIVILA VEEDU, -DO- -DO- 50. M. KRISHNAN NADAR, CHARUVILA ROADARIKATHU PUTHEN VEEDU, KAVILPURAM -DO- -DO- 51. S. LAKSHMANAN NADAR, KUZHIVILA VEEDU, -DO- -DO- 52. K. SUNDARAN, VARUVILAPUTHEN VEEDU, -DO- -DO- 53. N. RAMACHANDRAN, KUZHIVILA PUTHEN VEEDU, -DO- -DO- 54. G. APPU NADAR, VARUVILA PUTHEN VEEDU, -DO- -DO- 55. K. SADASIVAN, PLAVILA PADIPPURAPUTHEN VEEDU, -DO- -DO- 56. G. KUTTAPPAN, UDAYANVILA, PUTHEN VEEDU, -DO- -DO- 57. K. SREEDHARAN NADAR, SREEKALA MANDIRAM, KAVINPURAM, KATTACHALKUZHI P.O., -DO- -DO- 58. N. VELAYUDHAN NADAR, KANJIRAMTHOTTAM PLAVILA, -DO- -DO- 59. P. MADHAVAN NADAR, VARUVILA VEEDU, -DO- -DO- 60. C. KUTTAN NADAR, PLAVILA VADAKKARUKU, -DO- -DO- 61. M. BALAKRISHNAN NADAR, KANJIRATHOTTAM THEKKEKKARA PLAVILA PUTHEN VEEDU, -DO- -DO- 62. J. VELAYUDHAN NADAR, CHARALUVILA VEEDU, -DO- -DO- 63. M. THANKAPPAN NADAR, VARUVILAVEEDU, -DO- -DO- 64. K. APPUKUTTAN, MIDANNOORKONAM, -DO- -DO- 65. K. SUNDARAN NADAR, VANNARAKANDOM CHARAVILA PUTHEN VEEDU, -DO- -DO- 66. C. PREMKUMAR, S/O CHELLAN NADAR, RESIDING AT KUZHIVILA KADAYARA VEEDU, KOTTUKALKONAM, KOTTUKAL VILLAGE. 67. N. KUTTAPPAN, S/O NARAYANAN NADAR, RESIDING ON AYIKKARAMOOLA PUTHEN VEEDU, KOTTUKAL KONAM, KOTTUKAL VILLAGE. 68. K. SATHEESHKUMAR, S/O KESAVAN NADAR, RESIDING AT ROADARIKATH KADAYARA VEEDU, KOTTUKALKONAM, KOTTUKALKONAM VILLAGE. 69. C. THANKAPPAN, S/O CHELLAN NADAR, RESIDING IN MADHUVILASOM, KOTTUKALKONAM, KOTTUKALKONAM VILLAGE. 70. P. RAMAKRISHNAN, S/O PONNU NADAR, RESIDING AT KUZHIVILA PUTHEN VEEDU, KOTTUKALKONAM. 71. K. LEKSHMANAN NADAR, S/O KESAVAN NADAR, RESIDING AT POONTHOTTAM, VADAKKUMKARA VEEDU, KOTTUKALKONAM, -DO- VILLAGE. 72. R. KRISHNAN, S/O RAMAN NADAR, RESIDING AT VARUTHATTU KADAYARA VEEDU, ANTHIYOOR, KOTTUKAL VILLAGE. 73. S. KRISHNAN NADAR, S/O SANKARAN NADAR, RESIDING AT KOZHITTU VADAKKUMKARA VEEDU, ANTHIYOOR, KOTTUKAL VILLAGE. 74. C. CHANDRA BABU, S/O CHELLAYYAN NADAR, RESIDING AT MANNAMKULATHU MALAVEEDU, KOTTUKAL DESOM, -DO- VILLAGE. 75. V. PADMALOCHANAN, S/O VASUDEVAN, KUZHIVILA PUTHEN VEEDU, ANTHIYOOR, KOTTUKAL VILLAGE. 76. P. DIVAKARAN, S/O PONNUMUTHAN NADAR, GOVERNMENT SERVANT, RESIDING AT “PONCHILAMPU”, KOTTUKALKONAM, KOTTUKAL VILLAGE. 77. K. MONY, S/O KUTTAN NADAR, MANGALATHU MANNIL VEEDU, KOTTUKAL KONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 78. K. RAJAYIAH, S/O KESAVAN NADAR, KUZHIVILA VEEDU, KOTTUKALKONAM -DO- -DO- 79. N. SREEDHARAN NADAR, S/O NARAYANAN NADAR, VARUVILA VADAKKARIKU VEEDU, -DO- -DO- 80. A. SUKUMARAN NADAR, S/O APPAVU NADAR, UTHIYARA PATTA VEEDU, KOTTUKONAM OF -DO- -DO- 81. K. SIVANANDAN, S/O KESAVAN NADAR, KUZHIVILA VEEDU, -DO- -DO- 82. A VELAPPAN, S/O RAMAKRISHNAN NADAR, CHARIVUVILA PUTHEN VEEDU, -DO- -DO- 83. K. SUNDARAN NADAR, S/O KOCHUKUNJAN NADAR, KARUVILA PUTHEN VEEDU, -DO- -DO- * 84. V. JOHNSON, S/O VELAYUDHARAN NADAR, VARUVILAKATTU PUTHEN VEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O. [STRUCK OUT] 85. A. RAJU, S/O LATE ACHUTHAN NADAR, HINDU R/A KUZHIVILA VEEDU, KOTTUKALKONAM, ANTHIYOOR DESOM, KOTTUKAL PAKUTHY. 86. A. SUKUMARAN, S/O LATE ACHUTHAN NADAR, HINDU, R/A KUZHIVILA VEEDU, KOTTUKALKONAM -DO- -DO- 87. A. THANKARAJAN, S/O LATE ACHUTHAN NADAR, HINDU R/A KUZHIVILA VEEDU, KOTTUKALKONAM. 88. KUNJU, WIFE OF LATE ACHUTHAN NADAR, HINDU, R/A KUZHIVILA VEEDU, KOTTUKALKONAM, PAKUTHY, KOTTUKALKONAM DESOM. ** ADDL. RESPONDENTS 89 N. SANTHAKUMAR, S/O NARAYANAN NADAR, M.C.BHAVAN KOTTUKALKONAM, KATTACHAL KUZHI P.O., BALARAMAPURAM. [EXPIRED] *** ADDL. RESPONDENT IMPLEADED IN SUBSTITUTION OF DECEASED R89 P. RAJENDRAN, 'SEMBAWANG', KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM, TRIVANDRUM. 90. SRI.T.S.SHIJULAL, S/O THANKAPPAN, UDAYABHAVAN, KOTTUKALKONAM OF -DO- -DO- 91. S.SATHY, S/O SADANANDAN, VARUVILA VEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 92. L. RAJAN, S/O LAKSHMANAN, MAVARAMTHOTTAM, KOTTUKALKONAM, KATTACHALKUZHI P.O. BALARAMAPURAM. 93. K.SIVARAMAN, S/O KRISHNAN NADAR, KUZHIYAMVILA VEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 94. T.S.BINDULAL, S/O THANKAPPAN, UDAYA BHAVAN, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 95. C. PRAMOD CHANDRAN, S/O CHELLAN NADAR, KUZHIVILAVEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 96. T.SUKU, S/O THANKAYYAN NADAR, KUZHIVILAVEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 97. M. RAJAN, S/O MADHAVAN NADAR, CHARIVUVILA PUTHEN VEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 98. R. ANIL KUMAR, S/O RAJAYYAN, KUZHIVILA PUTHEN VEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 99. G. KRISHNANKUTTY, S/O GOPALAN MANNARAKANDAM, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 100. G. CHANKARAJAN, S/O GOPALAN NADAR, VARUVILA VEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 101. J. RAJENDRAN, S/O JAMES NADAR, KAVUVILA KOTTUKALKONAM KATTACHALKUZHI P.O., BALARAMAPURAM. 102. V. MOHANAN, S/O VINCENT, KUZHIVILA PUTHEN VEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 103. M.SURENDRAN, S/O MADHAVAN NAIR, VARUVILA VEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 104. K.MANIYAN, S/O KOCHAPPI, KOCHUPILLA NADAR, MAVIRAMTHOTTOM, MANNARAKANDAN, KOTTUKALKONAM, KATTACHALKUZHI P.O. BALARAMAPURAM. 105. C. PRABHATHCHANDRAN, S/O CHELLAN NADAR, KUZHIVILAVEEDU, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. 106. G.C.GOPAKUMAR, S/O GOPALAKRISHNAN, GOKULAMANDIRAM, KOTTUKALKONAM, KATTACHALKUZHI P.O., BALARAMAPURAM. *[THE RESPONDENT NOS.2, 24, 35, 39, 42 & 84 ARE STRUCK OUT FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANTS AS PER ORDER DT.17/07/03 ON CMP.144/03] ** [ ADDL. RESPONDENTS 89 TO 106 ARE IMPLEADED AS PER ORDER DT.25/07/02 IN CMP.2913/02] ***[IMPLEADED AS ADDL. RESPONDENT IN THE APPEAL IN SUBSTITUTION OF THE DECEASED 89TH RESPONDENT AS PER ORDER DT.05/06/03 IN CMP.850/03 IN A.S.615/2000] ADV. SRI.G.S.REGHUNATH FOR R3 SRI.S.JAMES VINCENT FOR ADDL.R89-106 THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 09/04/2010, ALONG WITH WPC NO.24688 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ------------------------------------------------ A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 ------------------------------------------------ Dated this the 9th day of April, 2010 JUDGMENT A.S.No.615/2000 is directed against the judgment in O.S. No.3/89 of the District Court, Thiruvananthapuram. The plaintiffs are the appellants and the parties are being referred to hereinafter as they were before the court below. The suit was filed originally by three plaintiffs namely Kottukalkonam Hindu Nadar Mahajana Sanghom (1), M.R.Gopalakrishnan Nadar, S/o Ramayyan Nadar (2), Thankappan, Membership No.337, Kottukalkonam Hindu Nadar Mahajanasanghom (3). Later, N. Gopalakrishnan was impleaded as additional plaintiff No.4. The relief that was A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -2- sought for in the suit was for declaration that defendants 1 to 5 are not entitled to hold office as President, Vice President, Secretary, Joint Secretary and Treasurer respectively of Kottukalkonam Hindu Nadar Mahajanasanghom referred to in the impugned judgment as well as hereinafter as the society and for their removal from the respective offices, for preparation of a scheme for the proper management of the society etc. The first plaintiff is the society itself and it appears that plaintiffs 2 to 4 have joined the plaint as persons representing the first plaintiff. It is averred that plaintiffs 2 to 4 are permanent residents of Kottukalkonam village and are Hindu Nadars. It is also averred that even prior to 1070 A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -3- M.E, for the upliftment of the Hindu Nadar Community and for various other purposes intended for the welfare of the members of that community, the first plaintiff/organization was formed. Its General Body meeting was held in 1123 M.E. in which the residents of the Kottukalkonam locality and Mammamkulam desom participated. For achieving the purposes for which the first plaintiff/organization was formed, bye-laws were framed and the organization was registered as a society under the Travancore Cochin Literary & Scientific Charitable Societies Act (Act XII of 1955). Thus, going by the plaint averments itself the first plaintiff society is one registered under Act XII of 1955. A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -4- 2. To begin with, there were seven defendants. Later on the basis of orders passed in I.A. Nos.1805/91, 1/92, 1441/92, 1495/94 and 63/95 and 1283/97, additional defendants 8 to 105 were impleaded. The suit is filed after obtaining leave of the court under section 92 of the Code of Civil Procedure on the premise that the society is a public trust. Petition for leave was filed in O.P.68/87 under section 92 CPC by Sri.M.R.Gopalakrishnan Nadar and Thankappan, (Plaintiffs 2 and 3). The District Court granted leave under section 92 to Sri.M.R.Gopalakrishnan Nadar and Thankappan for filing the suit by its order dt.03/08/89. The above order was challenged by the first respondent in the O.P.(D1) A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -5- Sri.M.R.Gopalakrishnan Nadar) by filing CRP. 2352/89 before this Court. This Court dismissed the CRP holding that the order dt.03/08/89 is administrative in nature and not liable to be challenged by filing a revision petition. However, it is made clear in the order of this Court that “the petitioner can oppose the suit by raising all contentions which a party in the said circumstances could raise”. It was thereafter that the suit was proceeded with. As already indicated, it is alleged in the plaint that plaintiffs 2 and 3 are the members of the society and their membership numbers are 345 and 337 respectively. It is also alleged that plaintiffs and defendants are impleaded as representatives of A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -6- the society and members of the public and a petition is filed under Order I Rule 8 CPC for leave to prosecute the suit in a representative capacity. It is stated in the plaint that the first defendant in the suit was declared as the Manager of an aided High School which is being conducted by the society in the General Body meeting held on 13/03/77 and is continuing as Manager of the school and also as the President of the society. It is alleged that the period of the first defendant as President would expire on 13/03/80 and thereafter he has no right to be the President of the society or the Manager of the School. The plaintiffs do not recognize the defendants as the office bearers of the society. There are allegations A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -7- in the plaint to the effect that after 1980 the General Body meetings are not being conducted and that proper accounts are not being maintained. There are also allegations to the effect that the governing council of the society are not complying the requirements of Act XII of 1955 regarding preparation of Balance Sheet, Income and Expenditure statements, maintenance of membership register and forwarding of the same to the Registrar. Allegations are leveled also to the effect that the immovable properties of the aided high school belonging to the society are indiscriminately alienated; that the sale proceeds are not properly accounted; that temple belonging to the society is not properly maintained; that A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -8- general body meetings are not being conducted and that even when conducted, notices are not being given to the plaintiffs. More importantly, it is alleged that the society is a public trust and that there is gross maladministration and that the society and its properties are not being administered properly. 3. The following specific prayers are sought for in the suit:- “(a) Declare that Defendants 1 to 5 are not entitled to hold the offices as President, Vice-President, Secretary, Joint Secretary and Treasurer and to remove them from the said offices. (b) To prepare a Membership Register of all Hindu Nadars residing in the locality west and east karas of Athiyanoor Desom and Mannarkonam Desom of Kottukaal Village; A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -9- (c) To prepare a voters list of eligible voters of the Sanghom and to conduct election for appointing new office bearers. (d) To appoint new office bearers and to allow them to take and possess records of the society. (e) For framing new scheme. (f) To appoint proper persons for the management of the High School and the Temple. (g) New officers be directed to recover the assets alienated by the 1st defendant and (h) To direct defendants 1 to 5 to submit and render accounts of all income and expenditure and the new officers be allowed to recover amounts from defendants 1 to 5.” 4. A joint written statement was filed by defendants 1 to 7. Similarly, another joint written statement was filed by D44 to D79. Another joint A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -10- written statement was filed by D80 to D90 and yet another one was D100 to D105. The main contesting defendants are defendants 1 to 7 who raised various contentions regarding the maintainability of the suit and also regarding merits. Inter alia, it was contended by them that; 1) the suit is not maintainable either in law or in facts. 2) the suit has been instituted without any good faith with the intention of vexing and harassing those defendants and destroying the first plaintiff/society. 3) the suit is filed at the instigation and expenditure of certain disgruntled elements who are acting against the interest of the society and A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -11- its members. 4) The other plaintiffs are not members of the first plaintiff society. The first plaintiff society is a registered society which is not seen represented by anybody. On this ground also the suit is not maintainable. 5) The suit as framed is not maintainable. If any relief is to be granted in respect of the first plaintiff society, the first plaintiff has to be represented by its President or Secretary. 6) The first plaintiff Sanghom has in its roll as many as 354 members. Most of them are not made parties to the suit. The plaintiffs are only disgruntled persons who are not even members of the society and hence, do not have any interest in A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -12- the society. They are not entitled for any relief in the suit. 7) The suit is bad for non-joinder of necessary parties. There is no publication under Order I Rule 8 CPC. Passing any decree in the suit without all the members of the society on the array will violate principles of natural justice. 8) The defendants deny the allegations regarding mis-management of the property, wanton alienation of the property, mis- management of the school, corruption and mis- management in the affairs of the school. 9) It is contended that the school was founded by the hard and sincere work of the first defendant whose only intention is to bring about A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -13- maximum progress and prosperity to the society. 10) It is alleged that after the school was upgraded in 1976 as a High School, at the instigation of one Thankappan who was a member of the society and a teacher in the school and whose efforts were on for creating rift in the association. Sri.Thankappan failed to pass the B.Ed examination and therefore, he was not given promotion. 11) At that time one Sri.Ramayyan Nadar was the Secretary of the society. Thankappan in collusion with Sri.Ramayyan Nadar started creating all kinds of problems. The Secretary was doing every thing possible against the interest of the society. A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -14- 12) On 02/01/77 a special General Body Meeting was convened for amicably settling the matter. But, the meeting was dispersed as the then Secretary Sri.Ramayyan Nadar failed to comply with the direction given to him for production of all the records relating to the Sanghom. In the said meeting, the then Joint Secretary was directed to convene the meeting of the executive committee. Accordingly, meeting of the executive committee was convened and in the said meeting, the then Secretary was removed from office as he has refused to hand over the records and had published a notice to convene General Body meeting without the knowledge and consent. In that meeting, the then Joint Secretary A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -15- was appointed as President and a decision was taken to recover the records from the previous secretary and convene a General Body meeting at the earliest. In the meanwhile, Sri.Ramayyan Nadar, the former Secretary was effectively prevented from convening any illegal General Body meeting. 13) Pursuant to that Annual General Body Meeting was held on 13/03/1977 and election to various offices were also conducted. 14) The first defendant was elected as the President, the second defendant as Vice President, the third defendant as Secretary, the fourth defendant as Joint Secretary and one R.Ponnu Nadar as the Treasurer. A committee consisting of A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -16- 35 members was also constituted. 15) Thereafter, Sri.Thankayyan Nadar representing himself as the President and Sri.Ramayyan Nadar representing himself as the Secretary filed a petition to the Government contending that they are the validly elected office bearers of the society and that Sri.Thankayyan Nadar should be recognized as the Manager of the school. They were supported by a few of the disgruntled persons. The present second plaintiff is none other than the son of the aforesaid Ramayyan Nadar. 16) Thereafter, the matter went up to the High Court and the High Court directed the Government to decide on merits as to who is the A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -17- validly elected President and who is competent to manage the school or the society. 17) The Government vide order No. (Rt.) 2669/80/G.Edn dt.19/09/1980 recognized the first defendant as the validly elected President and as the person competent to manage the school and the society. 18) Thereafter systematic efforts were made by Sri.Ramayyan Nadar and its associates to destroy the Sanghom and torpedo all its progressive schemes. Plaintiffs 2 and 3 who are not even members of the society are actively assisting the said disgruntled persons. In fact it is the disgruntled group led by Ramayyan Nadar and Thankayyan Nadar which has instigated plaintiffs A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -18- 2 and 3 to file the present suit. 19) It is contended that the society is now smoothly functioning and many welfare measures are being taken by the society and its office bearers. The society which is relatively a small association presently conducted in a most beneficial manner will be destroyed if it has to bear the heavy expenses of litigation. The suit is an abuse of legal process. 20) It is then pointed out that the last election in the society was conducted on 11/05/86 in the General Body Meeting held on that day. In that meeting the first defendant was again elected as President, the second defendant as Vice President, the third defendant as Secretary, the A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -19- fourth defendant as Joint Secretary and the fifth defendant as the Treasurer. The term of office is three years from the date of election. The plaintiffs 2 and 3 who are not even members have no locus standi to file the suit and seek reliefs. 21) Sri.Ramayyan Nadar had already appropriated one of the institutions belonging to the society during his tenure as Secretary and it is his premeditated object to appropriate the society's school also for him and his family members. 22) The Key role played by the first defendant in forming the society has been willfully suppressed by the plaintiffs. The first defendant is the founder President of the society in 1123. He A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -20- only initiated the formation of the society. Sri.Ramayyan Nadar also actively assisted the first defendant. But Sri.Ramayyan Nadar was interested only in private profiteering and with that object he was conceiving and implementing plans. This led to his removal in 1976 from the organization due to his anti-organisational activities. 5. The written statement goes on to contend that election is being regularly conducted and office bearers are elected regularly in the elections. The inability to audit the accounts after 1976 was due to unlawful removal of the records by Sri.Ramayyan Nadar. The Registrar also refused to audit the accounts as the records prior A. S. No.615 of 2000 & W.P.(C) No.24688 of 2007 -21- to 1976 were not made available to him. Sale Deed No.1367/75 is obtained from defendants 6 and 7 for the purpose of obtaining governmental sanction for the upgradation of the school as a high school. The understanding even at that time was that the above property will be re-conveyed to them once the society purchases alternate property. Accordingly when other properties were purchased under Sale Deed Nos.1119/1978 and 1120/1978 for the purposes of the school, the properties obtained from D6 and D7 were re- conveyed to them as promised. By executing the re-conveyance, the defendants were only honouring their words to D6 and