Muslim Education Society vs Muslim Education Society
2021 Latest Caselaw 10674 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                   OP(C).No.2118 OF 2018

AGAINST THE JUDGMENT DATED 28.03.2018 IN C.M.A.NO.17/2017 OF
           ADDITIONAL DISTRICT COURT- V, PALAKKAD

 AGAINST THE ORDER DATED 28.02.2017 IN I.A.NO.1620/2016 IN
       O.S.NO.206/2016 OF MUNSIFF COURT, MANNARKAD.


PETITIONERS/RESPONDENTS 1 5O 3/PETITIONERS/PLAINTIFFS:

      1     MUSLIM EDUCATION SOCIETY,
            I.M.A HALL, KOZHIKODE,
            REPRESENTED BY GENERAL SECRETARY.

      2     EDATHANATTUKARA MESKTM ENGLISH MEDIUM SCHOOL
            LOCAL MANAGING COMMITTEE
            REPRESENTED BY ITS CHAIRMAN, MOHAMEDKUTTY.

      3     EDATHANATTUKARA M.E.S. B.ED COLLEGE LOCAL
            MANAGING COMMITTEE
            REPRESENTED BY ITS CHAIRMAN, KUNHIMOIDHEEN.

            BY ADVS.SHYAM PADMAN
                    SRI.C.M.ANDREWS
                    SRI.P.T.MOHANKUMAR
                    SMT.BOBY M.SEKHAR
                    SMT.REVATHY P. MANOHARAN
                    SMT.ANITYA ANNIE MATHEW
                    KUM.LAYA MARY JOSEPH
                    SRI.NABIL KHADER

RESPONDENTS/ APPELLANTS AND SUPPLEMENTAL RESPONDENTS 4 AND
5/ RESPONDENTS/ DEFENDANTS:


      1     DR.MAHAFOOSE RAHEEM,
            S/O.SAITHALAVI HAJI, KAPPUNGAL HOUSE,
            EDATHANATTUKARA AMSOM, VATTAMANNAPURAM,
            MANARKKAD, PALAKKAD-678 582.

      2     MUHAMMEDALI,
            S/O.ABDUL SALEEM,
            CHAKKUMTHODI HOUSE,
            EDATHANATTUKARA AMSOM,
            VATTAMANNAPURAM, MANARKKAD,
 O.P.(C)No.2118/2018

                                -:2:-



                 PALAKKAD- 678582

        3        KABEER,
                 KURUKKAN VEETTIL,
                 CHERIPPARAMBU, VELLIYANCHEERI, PERINTHALMANNA,
                 MALAPPURAM- 679326.

        4        ABDUL RAUF,
                 KEEZHISSERI HOUSE, VATTAMANNAPURAM,
                 EDATHANATTUKARA, PALAKKAD- 678601.

                 R1-2 BY ADVS. SRI.K.JAYAKUMAR (SR.)
                               SRI.V.K.SUNIL
                 R3-4 BY ADVS. SRI.P.B.KRISHNAN
                               SRI.P.M.NEELAKANDAN
                               SRI.P.B.SUBRAMANYAN
                               SRI.SABU GEORGE

     THIS OP (CIVIL)          HAVING    BEEN   FINALLY HEARD ON
30.03.2021, THE COURT         ON THE    SAME   DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.2118/2018

                                        -:3:-




                      Dated this the 30th day of March,2021

                              J U D G M E N T

Petitioners in this original petition are the

plaintiffs on O.S.No.206/2016 on the file of

Munsiff Court, Mannarkkad. The original petition

was filed challenging the legality and propriety

of Ext.P23 judgment passed by the Additional

District Judge-V, Palakkad in C.M.A.No.17/2017.

By Ext.P23 judgment, order passed by the court

below appointing receiver was set aside in appeal.

2. When this matter came up for hearing

today, the learned counsel for the petitioners

submitted that the court below may be called upon

to dispose of the suit finally within a time frame

to be fixed by this Court. The learned counsel for

the petitioners further submitted that the interim

order passed by this Court dated 21.08.2018 may be

allowed to continue till the final disposal of the

suit.

3. I heard the learned counsel for the

respondents also.

4. A report as to the current status of the

suit as well as the time frame within which the

matter could be disposed of, was called for from O.P.(C)No.2118/2018

the court below. The court below has suggested

that the suit could be disposed of within a period

of one year from the date of re-opening of court

after summer vacation.

5. The learned counsel for the petitioners

submitted that having regard to the nature of the

case before the court, fixing a time frame for

disposal of the suit may not be expedient. The

learned counsel for the respondents did not object

to the interim order passed by this Court

directing the respondents not to make appointments

in the educational institutions mentioned in the

suit without obtaining prior permission of the

court, being continued until further orders.

6. Since the court below is of the view suit

could be finally disposed of within a time frame

fixed by this Court, I am of the opinion that

appropriate direction in that respect can be

issued to the court below.

In the result, this original petition is

disposed of directing the court below to dispose

of O.S.No.206/2016 finally within a period of

eight months from the date of production of

certified copy of this judgment. The court below O.P.(C)No.2118/2018

shall proceed to decide the suit untrammelled by

any of the observations made by the court in

Ext.P23 impugned judgment dated 28.03.2018 in

C.M.A.No.17/2018. If the court below experiences

difficulties in adhering to the time frame fixed,

it may address this Court for periodic directions

in that regard. It is directed that parties on

either side should co-operate with the court below

for expeditious disposal of the suit.

All pending interlocutory applications will

stand closed.

Sd/-

                                     T.V.ANILKUMAR,JUDGE

DST                                                          //True copy/

                                                            P.A.To Judge
 O.P.(C)No.2118/2018






                         APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1            TRUE COPY OF THE PLAINT O.S.206/2016

DATED 20.10.2016 PENDING BEFORE THE MUNSIFF COURT, MANNARKKAD.

EXHIBIT P2 TRUE COPY OF THE DOCUMENT NO.253/1971 DATED 02.02.1971, MARKED AS EXTS.A1 BEFORE THE COURTS BELOW.

EXHIBIT P2A TRUE COPY OF THE DOCUMENT NO.986/1992 DATED 11.05.1992, MARKED AS EXTS.A2 BEFORE THE COURTS BELOW.

EXHIBIT P2B TRUE COPY OF THE DOCUMENT NO.1498/1991 DATED 29.08.1991, MARKED AS EXTS.A3 BEFORE THE COURTS BELOW.

EXHIBIT P2C TRUE COPY OF THE DOCUMENT NO.131/2008 DATED 11.01.2008, MARKED AS EXTS.A4 BEFORE THE COURTS BELOW.

EXHIBIT P3 TRUE COPY OF THE REVENUE RECEIPT DATED 17.06.2016, MARKED AS EXT.A6 BEFORE THE COURTS BELOW.

EXHIBIT P4 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23.06.2016, MARKED AS EXT.A15 BEFORE THE COURTS BELOW.

EXHIBIT P5 TRUE COPY OF THE RULES AND REGULATIONS OF THE 1ST PETITIONER SOCIETY, MARKED AS EXT.A11 BEFORE THE COURTS BELOW.

EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICE U/S 13(2) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY ACT, 2002 DATED 07.11.2014 ISSUED BY THE FEDERAL BANK, MARKED AS EXT.A7 BEFORE THE COURTS BELOW.

EXHIBIT P7 TRUE COPY OF THE POWER OF ATTORNEY DATED 09.10.2007 EXECUTED BY THE STATE GENERAL SECRETARY OF THE 1ST PETITIONER SOCIETY IN FAVOUR OF THE 1ST RESPONDENT, MARKED AS EXT.A5 BEFORE THE COURTS BELOW.

O.P.(C)No.2118/2018

EXHIBIT P8 TRUE COPY OF THE STATEMENT OF ACCOUNT DATED 16.03.2016 ISSUED BY THE FEDERAL BANK LTD., ALANALLUR BRANCH, MARKED AS EXT.A8 BEFORE THE COURTS BELOW.

EXHIBIT P9 TRUE COPY OF THE LETTER DATED 25.12.2015, MARKED AS EXT.A9 BEFORE THE COURTS BELOW, ISSUED BY THE GENERAL SECRETARY, MES PALAKKAD DISTRICT UNIT INTIMATING THE APPROVAL OF THE NOMINATION OF THE EDATHANATTUKARA MES UNIT COMMITTEE FOR 2016-19 RECOMMENDED BY THE EDATHANATTUKARA MES UNIT COMMITTEE, MANNARKAD MES TALUK COMMITTEE AND PALAKKAD MES DISTRICT COMMITTEE.

EXHIBIT P10 TRUE COPY OF THE NOTIFICATION DATED NIL ISSUED BY THE 1ST PETITIONER SOCIETY, MARKED AS EXT.A10 BEFORE THE COURTS BELOW, EVIDENCING THE CONSTITUTION OF A LOCAL MANAGING COMMITTEE FOR THE MES B.ED, COLLEGE EDATHANATTUKARA FOR THE YEAR 2016-2019.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 10.10.2016 MARKED AS EXT.A13 BEFORE THE COURTS BELOW, IN W.P.(C)NO.22418/2016 FILED BY RESPONDENT NOS. 1 AND 2 BEFORE THIS HON'BLE COURT SEEKING POLICE PROTECTION.

EXHIBIT P12 TRUE COPY OF THE WRITTEN STATEMENT DATED 06.02.2017 FILED BY THE RESPONDENT 1 AND 2 IN O.S 206/2016.

EXHIBIT P13 TRUE COPY OF AFFIDAVIT FILED IN SUPPORT IN I.A.NO.1620/2016 DATED 20.10.2016 FILED BY THE PETITIONERS IN O.S.NO.206/2016.

EXHIBIT P14 TRUE COPY OF THE HAD A COUNTER STATEMENT DATED 14.12.2016 FILED INITIALLY BY RESPONDENT NOS.1 AND 2 TO EXT.P10 APPLICATION IN I.A.NO.1620/2016 IN O.S.NO.206/2016.

EXHIBIT P14A TRUE COPY OF THE COUNTER AFFIDAVIT DATED 14.12.2016 FILE BY RESPONDENT O.P.(C)No.2118/2018

NOS.1 AND 2 TO EXT.P10 APPLICATION IN I.A.NO.1620/2016 IN O.S.NO.206/2016 ON 15.02.2017.

EXHIBIT P15 TRUE COPY OF THE COMMISSION REPORT DATED 25.11.2016 SUBMITTED BY THE ADVOCATE COMMISSION MARKED AS EXT.C1 BEFORE THE COURTS BELOW.

EXHIBIT P16 TRUE COPY OF THE ORDER DATED 28.02.2017 PASSED BY THE MUNSIFF COURT, MANNARKKAD IN I.A.NO.1620/2016 IN O.S.NO.206/2016.

EXHIBIT P17 TRUE COPY OF THE CMA NO.17/2007 DATED 14.03.2017 FILED BY RESPONDENTS 1 AND 2 BEFORE THE COURT OF THE ADDITIONAL DISTRICT JUDGE V, PALAKKAD.

EXHIBIT P18 TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM DATED 11.04.2017 FILED BY RESPONDENT NOS.3 AND 4 IN O.S.NO.206/2016 BEFORE THE MUNSIFF COURT, MANNARKAD.

EXHIBIT P19 TRUE COPY OF THE WRITTEN STATEMENT DATED 29.08.2017 FILED BY THE PETITIONERS TO THE COUNTER CLAIM FILED BY RESPONDENT NOS.3 AND 4 IN O.S.NO.206/2016 BEFORE THE MUNSIFF COURT, MANNARKAD.

EXHIBIT P20 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 20.03.2017 FILED BY THE PETITIONERS TO I.A.NO.413/2017.

EXHIBIT P21 TRUE COPY OF THE I.A.NO.456/2017 DATED 27.03.2017 FILED BY THE PETITIONERS.

EXHIBIT P22 TRUE COPY OF THE UNDERTAKING AFFIDAVIT DATED 12.04.2017 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE APPELLATE COURT IN I.A.NO.456/2017 IN CMA NO.17/2017.

EXHIBIT P23 TRUE COPY OF THE JUDGMENT IN CMA NO.17/2017 DATED 28.03.2018 OF THE ADDITIONAL DISTRICT JUDGE V, PALAKKAD.

EXHIBIT P24 TRUE COPY OF THE SCHEDULE SHOWING CO-RELATION BETWEEN THE PLAINT SCHEDULE PROPERTY AND EXT.P2 SERIES TITLE O.P.(C)No.2118/2018

DOCUMENTS.

EXHIBIT P25 TRUE COP OF THE 37TH ANNUAL REPORT AND AUDITED ACCOUNTS OF THE 1ST PETITIONER SOCIETY, PRODUCED AND MARKED BEFORE THE COURTS BELOW AS EXT.A16.

EXHIBIT P25A TRUE COP OF THE 40TH ANNUAL REPORT AND AUDITED ACCOUNTS OF THE 1ST PETITIONER SOCIETY, PRODUCED AND MARKED BEFORE THE COURTS BELOW AS EXT.A17.

EXHIBIT P25B TRUE COP OF THE 48TH ANNUAL REPORT AND AUDITED ACCOUNTS OF THE 1ST PETITIONER SOCIETY, PRODUCED AND MARKED BEFORE THE COURTS BELOW AS EXT.A18.

EXHIBIT P25C TRUE COP OF THE 49TH ANNUAL REPORT AND AUDITED ACCOUNTS OF THE 1ST PETITIONER SOCIETY, PRODUCED AND MARKED BEFORE THE COURTS BELOW AS EXT.A19.

EXHIBIT P25D TRUE COP OF THE 50TH ANNUAL REPORT AND AUDITED ACCOUNTS OF THE 1ST PETITIONER SOCIETY, PRODUCED AND MARKED BEFORE THE COURTS BELOW AS EXT.A20.

EXHIBIT P26 TRUE COPY OF THE MINUTES OF THE MES PALAKKAD COMMITTEE MEETINGS HELD FROM 01.01.2004 TO 29.01.2013 PRODUCED AND MARKED BEFORE THE COURTS BELOW AS EXT.A22.

EXHIBIT P27 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES STATE EXECUTIVE COMMITTEE MEETINGS PRODUCED AND MARKED AS EXT.A24 BEFORE THE COURTS BELOW.

EXHIBIT P28 TRUE COPY OF THE REVENUE RECEIPT DATED 05.09.2007, PRODUCED AND MARKED BEFORE THE COURTS BELOW AS EXT.B2.

EXHIBIT P29 TRUE COPY OF THE APPLICATION DATED 15.10.2016 SEEKING INFORMATION UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P30 TRUE COPY OF THE REPLY DATED 31.10.2016 ISSUED BY THE PUBLIC INFORMATION OFFICER.

O.P.(C)No.2118/2018

EXHIBIT P30(A) TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.285/2016/GEN.EDN. DEPT DATED 11.11.2015

EXHIBIT P31 TRUE COPY OF THE REPLY DATED 03.12.2018 ISSUED BY THE ASSISTANT REGISTRAR, UNIVERSITY OF CALICUT.

EXHIBIT P31(A) TRUE COPY OF THE COMMUNICATION DATED 20.05.2005 ISSUED BY THE UNDER SECRETARY, NATIONAL COUNCIL FOR TEACHER EDUCATION.

EXHIBIT P31(B) TRUE COPY OF THE CHALLAN RECEIPT DATED 23.05.2005

EXHIBIT P31(C) TRUE COPY OF THE APPLICATION DATED 31.03.2005 FOR STARTING A NEW COLLEGE.

EXHIBIT P31(D) TRUE COPY OF THE CHALLAN RECEIPT DATED 31.03.2005

EXHIBIT P31(E) TRUE COPY OF THE ORDER DATED 24.03.2005 OF THE NATIONAL COUNCIL FOR TEACHER EDUCATION

EXHIBIT P31(F) TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO.610/2005/H.EDN. DATED 08.04.2005

EXHIBIT P31(G) TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO.457/2005/H.EDN. DATED 16.03.2005

EXHIBIT P31(H) TRUE COPY OF THE LIST OF B.ED COLLEGES WHICH HAVE BEEN GRANTED RECOGNITION BY SRC-NCTE DATED 02.03.2005 ISSUED BY REGIONAL DIRECTOR, NATIONAL COUNCIL FOR TEACHER EDUCATION.

EXHIBIT P31(I) TRUE COPY OF THE LOCATION SKETCH REGARDING PROPOSED B.ED. COLLEGES.

RESPONDENTS' EXHIBITS: NIL