IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 2104 of 2009(A) --------------------------------- CMA.98/1998 of D.C & SESSIONS COURT,TRIVANDRUM .................... PETITIONER(S): ------------------- SPACE ENGINEERS WELFARE SOCIETY (SEWELS) NO.958/95, REP. BY ITS GENERAL SECRETARY, K.RAJAPPA KAIMAL, "SARAS", PLRA - 184, PANACHAMOODU LANE, PATTOM, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): -------------------- 1. M.K.APPUKUTTA KURUP, S/O.BHASKARA PILLAI, T.C.10/1374, KARTHIKA, VATTIYOORKAVU, THIRUVANANTHAPURAM. 2. P.C.UNNIKRISHNAN NAIR, S/O.P.K.RAGHAVAN NAIR, T.C. 9/1773, REMYA, PATTANIKUNNU LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. K.BALASUBRAMONIAM, S/O.KALIYAPPAN, RESIDING AT ANANTHA COLONY, VATTIYOORKAVU, THIRUVANANTHAPURAM. 4. V.C.VIJAYAKUMAR, AGED 51 YEARS, MADHAVASARAS, KANJIRAMPARA P.O., THIRUVANANTHAPURAM. .....2/-... ...2... 5. P.N.SUBRAMONIAM, AGED 64 YEARS, SEWELS, RESIDING AT TC.10/1756, "SYAMLI", AMBALAMUKKU, PEROORKADA, THIRUVANANTHAPURAM. R1 TO R5 BY ADVS. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU SRI.A.G.GIRISH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON 15/09/2010 DELIVERED THE FOLLOWING: SVS/ WP(C).No. 2104 of 2009(A) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.891/08 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. P2: COPY OF THE I.A. 3943/08. P3: COPY OF THE BYE-LAWS. P4: COPY OF THE MINUTES OF THE GENERAL BODY HELD ON 12/01/2008 P5: COPY OF THE AFFDAVIT AND PETITION DATED 21/07/2008. P6: COPY OF THE COMMON ORDER DATED 04/10/2008 IN I.A. NOS. 5943/08 AND 5912/2008. P7: COPY OF THE COMMON JUDGMENT DATED 03/12/2008 IN C.M.A. NOS. 98/2008, 99/2008 AND 101/2008 OF THE COURT OF THE DISTRICT JUDGE, THIRUVANANTHAPURAM. P8: COPY OF THE LETTER SUBMITTED BY DEEPTHY P.S. ON 31/12/2008. P9: COPY OF THE LETTER SUBMITTED BY VIDHIA A.M. ON 31/12/2008. P10: COPY OF THE LETTER SUBMITTED BY ANJU LATHA NAIR S. DATED 18/12/2008. P11: COPY OF THE PETITION DATED 12/01/2009 FILED BY PETITIONER BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: R4(a):COPY OF THE PLAINT IN O.S. NO.366 OF 2009 DATED 19/02/2009. R4(b):COPY OF THE REFERRAL REPORT IN CRIME NO.456/2006 DATED 18/10/2008. R4(c):COPY OF THE REFERRAL REPORT IN CRIME NO.174/2007 DATED 18/10/2008. R4(d):COPY OF THE UN REPORT DATED 3/10/2008. R4(e):COPY OF THE ORDER I.A.NO1512/2007 IN O.S.NO.176/2007 DATED 05/05/2008. .....2/-... ...2... R4(f):COPY OF THE LIST OF MEMBERS OF SPACE ENGINEERS WELFARE SOCIETY. R4(g):COPY OF THE PLAINT IN O.S.NO.444/2009 DATED 02/03/2009. R4(h):COPY OF THE PETITION IN OP (TP)114/2009 DATED 14/06/2009. R4(i) COPY OF THE REPRESENTATION DATED 10/12/2008. R4(j):COPY OF THE REPORT PUBLISHED IN MATHURBHUMI DAILY, DATED 01/07/2009. R4(k):COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 01/07/2009. R4(l):COPY OF THE STATEMENT OF ACCOUNTS WITH THE STATE BANK OF TRAVANCORE FOR THE MONTH OF JANUARY, 2009. R4(m):COPY OF THE FIR IN CRIME NO. 157/2009 OF ARYANAD POLICE STATION DATD 24/03/2009. R4(n):COPY OF THE ORDER DATED 24/01/2009. R4(o):COPY OF THE PROCEEDINGS DATED 11/08/2009. R4(p):COPY OF THE RESOLUTION DATED 20/05/2008. /TRUE COPY/ P.A TO JUDGE SVS/ HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.2104 Of 2009 ---------------------- Dated this the 15th day of September, 2010. J U D G M E N T Petitioner is the plaintiff in O.S.No.891 of 2008 on the file of the Munsiff Court, Thriruvananthapuram. Suit was filed for a decree declaring that the General Body Meeting alleged to have been held by the defendants on 10.5.2008 and the decision taken therein are not binding on it and its members. The plaintiff also prayed for a prohibitory injunction restraining the defendants from trespassing upon plaint A & B schedule properties or from causing any obstruction to the peaceful conduct of its college situated in plaint B schedule property and from restraining the defendants from using the name, logo, seal, letter pad etc. of the 1st plaintiff. 2. Ext.P6 is the interim order passed by the Munsiff Court in I.A.Nos.2943, 5943 & 5912 of 2008. The court allowed I.A.No.2943 of 2008 and dismissed the two other I.As. The order of injunction restraining the counter petitioners and their agents from interfering with the administration and management of the college in plaint B schedule property and from causing any W.P.(C).No.2104 Of 2009 ::2:: obstruction to the peaceful possession and enjoyment of the plaint schedule properties is made absolute till the disposal of the suit. Defendants 3 & 5 preferred C.M.A.No.98, 99 & 101 of 2008 before the District Court, Thiruvananthapuram challenging the order. Ext.P7 is the order passed by the District Court in the aforesaid C.M.As. The appellate court confirmed Ext.P6 order of injunction. The court appointed petitioners/plaintiffs 2-4 as joint receivers for managing plaint A & B schedule properties subject to the supervision of the Munsiff Court, Thriruvananthapuram. Other directions are also issued in Ext.P7 order. Ext.P7 order is under challenge in this writ petition filed under Article 227 of the Constitution of India. 3. This Court passed an interim order dated 20.1.2009 and the same is in force till date. This Court stayed Ext.P7 judgment and ordered that the petitioners shall continue as receivers as directed in Ext.P7 judgment and shall be liable to submit accounts, all details regarding appointments, admissions etc. as also the policy decisions taken to the Munsiff as directed in Ext.P7 order. This Court also made clear that such decisions, W.P.(C).No.2104 Of 2009 ::3:: appointments and admissions can be made without prior sanction of the Munsiff. 4. When the matter was taken up for hearing, it is submitted at the bar that the interim order passed by this Court may be ordered to continue till the disposal of the suit. Learned counsel for the respondent submitted that the decisions, appointments and admissions referred to in the interim order shall be made subject to the approval of the Munsiff Court, Thiruvananthapuram. 5. After taking into consideration the submission made by the counsel for the respondent, it is directed that the decisions, appointments and admissions shall be submitted for approval before the Munsiff Court, Thiruvananthapuram. The interim order of this Court dated 20.01.2009 shall be in force till the disposal of the suit. The writ petition is disposed with the above observations. HARUN-UL-RASHID, Judge. bkn/-