Er.Babusha N vs Sree Narayana Health Care Society
2022 Latest Caselaw 4076 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
                             FAO NO. 52 OF 2022
 AGAINST THE ORDER DATED 28.03.2022 IN IA No.01/2021 IN OP(Society)
             122/2021 OF ADDITIONAL DISTRICT COURT- IV, KOLLAM
APPELLANTS/PETITIONERS 1 TO 4, 6 TO 11, 13, 14, 17, 22 TO 28, 31 &
33:

      1        ER.BABUSHA N., AGED 67 YEARS,
               S/o T V NANU, MEMBER NO.01,
               RESIDENT OF UTHRADOM, ASRAMAM P.O., KOLLAM - 691002

      2        PROF.VS LEE, AGED 64 YEARS, S/o VASAVAN,
               MEMBER NO.179, RESIDENT OF SNEHA, PUTHENKULAM P.O.
               BHOOTHAKULAM, KOLLAM - 691302

      3        DR.V. CHANDRAMOULEESWARAN, AGED 73 YEARS,
               S/o VASUDEVAN, MEMBER NO.81, REVATHY,
               NO.5, BODHI NAGAR, THATTAMALA P.O., KOLLAM - 691020

      4        DR.G. UNNIKRISHNAN, AGED 66 YEARS,
               S/o GANGADHARAN, MEMBER NO.102, BHADRASREE,
               QS ROAD, TOWN LIMIT, KOLLAM - 691008

      5        DR. M RAJENDRAN, AGED 73 YEARS,
               S/o K MATHU, MEMBER NO.210, MELECHERUVIL HOUSE,
               NEDUMPANA P.O., KOLLAM- 691576

      6        K.G. THAMPI, AGED 77 YEARS, S/O E GOVINDAN,
               MEMBER NO.101, T S NIVAS, SAGARA NAGAR - 98,
               KADAPPAKKADA P.O., KOLLAM - 691008

      7        CHANDRAN K, AGED 72 YEARS, S/o KARUNAKARAN,
               MEMBER NO.31, SREENIDHI, RAMANKULANGARA NAGAR - 167,
               KAVANAD P.O., KOLLAM - 691003

      8        SUDEVAN S, AGED 64 YEARS, S/o SREEDHARAN,
               MEMBER NO.115, VALUTHUNDIL VEED, KARIKKAL,
               KARIMPINPUZHA P.O., KOLLAM - 691507
 FAO No.52 of 2022                  2

      9       R.PRADEEP, AGED 61 YEARS, S/o P K RAGHAVAN,
              MEMBER NO.104, JEEVAN SREE, PADA NORTH,
              KARUNAGAPALLY P.O., KOLLAM- 690544

     10       P.PRASANNAN, AGED 68 YEARS, S/o N S PRABHAKARAN,
              MEMBER NO.211, LEKSHMI PRABHA, MUNDAKKAL, KOLLAM - 691001

     11       K.P.SYAMALA DEVI, AGED 61 YEARS,
              D/o K N PEETHAMBARAN, MEMBER NO.144, UTHRADOM,
              ASRAMAM P.O., KOLLAM - 691002

     12       DR. SHEELA P, AGED 61 YEARS, D/o K NARAYANAN,
              MEMBER NO.190, NARAYANEEYAM, BRN 9A, MADANNADA,
              THEKKEVILA P.O., KOLLAM- 691016

     13       B S HARILAL, AGED 63 YEARS, S/o BALAKRISHNAN,
              MEMBER NO.116, NIRAPPUVILA, EAST KALLADA P.O.,
              KOLLAM - 691502

     14       N. SAVYA SACHI, AGED 70 YEARS,
              S/o SADANANDAN, MEMBER NO.181,
              REVATHI, BHOOTHAKULAM P.O., KOLLAM -   691302

     15       V.JOY, AGED 56 YEARS, S/o VISWAMBHARAN,
              MEMBER NO.183, BHAGYA LEKSHMI, PUTHENKULAM P.O.,
              S.PARAVUR, KOLLAM- 691301

     16       S. MURALEEDHARAN, AGED 72 YEARS, S/o SREEDHARAN,
              MEMBER NO.125, GREEN LAND, CHERUMANGAD, PUTHOOR P.O.
              KOLLAM - 691507

     17       B SANTHOSH KUMAR, AGED 62 YEARS,
              S/o BHASKARAN, MEMBER NO.180, SEEMAS VILLA,
              ULIYAKKOVIL P.O., KOLLAM - 691019

     18       U SURESH, AGED 49 YEARS, S/o UTHAMAN,
              MEMBER NO.198, MADHAVA SADANAM, NEDUMPANA P.O.
              KOLLAM - 691576

     19       J RAJENDRAN, AGED 65 YEARS, S/o JANARDHANAN,
              MEMBER NO.199, SREE CHAKRAM, KHADI JUNCTION,
              MUTTAKKAVU, NEDUMPANA P.O., KOLLAM- 691576
 FAO No.52 of 2022                  3

     20       DR.ATHUL AJITH, AGED 32 YEARS, S/o AJITHAN,
              MEMBER NO.164, PAZHAVILA, POORAM NAGAR,
              PULLIKKADA, KOLLAM - 691001

     21       ANEESH ASOKAN, AGED 37 YEARS, S/o ASOKAN,
              MEMBER NO.135, MAHIMA, ASRAMAM P.O., KOLLAM - 691002

     22       DR.P.CHANDRASENAN, AGED 76 YEARS,
              S/o PURUSHOTHAMAN, MEMBER NO.06, PRASANTHI,
              ROYAL NAGAR - 105, KILIKOLLUR P.O., KOLLAM-691004

              BY ADVS. P.MARTIN JOSE
                       P.PRIJITH
                       THOMAS P.KURUVILLA
                       R.GITHESH
                       HANI P.NAIR
                       SACHIN JACOB AMBAT
                       AJAY BEN JOSE
                       MANJUNATH MENON
                       ANNA LINDA V.J
                       ELDHO CHERIAN
                       HARIKRISHNAN S.
                       S.SREEKUMAR (SR.)


RESPONDENTS/RESPONDENTS 1 TO 30 & PETITIONERS 5, 12, 15, 16,18 TO 21,

29, 30, 32:

1 SREE NARAYANA HEALTH CARE SOCIETY, A CHARITABLE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE TRAVANCORE COCHIN LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES REGISTRATION ACT (ACT 12 OF 1955), REG.NO.Q.1113/2002, PANGOD, KARIMPINPUZHA PO, PAVITHRESWARAM VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN - 691 507, REPRESENTED BY ITS SECRETARY, BY NAME M L ANIDHARAN.

2 M L ANIDHARAN, AGED 78 YEARS, S/o LEKSHMANAN, MEMBER NO.30, JYOTHIS, BHAVANA NAGAR - 51, KADAPPAKKADA P.O, KOLLAM - 691 008, SECRETARY, S.N.H.S.

3 PROF. K SASIKUMAR, AGED 73 YEARS, S/o KARUNAKARAN, CHAIRMAN, (NOMINATED EXECUTIVE COMMITTEE MEMBER), SREE NARAYANA HEALTH CARE SOCIETY, RESIDENT OF PADMARAGAM, AMRUTHUKULAM, MUNDAKKAL EAST, KOLLAM - 691001

4 DR.S.MOHAN, AGED 78 YEARS, S/o SIVAPRASAD, VICE-CHAIRMAN, MEMBER NO.05, MOHINI, MAYYANAD P.O., KOLLAM - 691303

5 G.RAMACHANDRAN, AGED 71 YEARS, S/o GOPALAN, TREASURER, MEMBER NO.P03, KAVERY, VELLIMON P.O., KOLLAM - 691511

6 ER.SALIM M NARAYANAN, AGED 63 YEARS, S/o K.NARAYANAN, JOINT SECRETARY, MEMBER NO.10, GOKULAM, MYTHRI NAGAR - 92, PUNNATHANAM JUNCTION, ASRAMAM P.O., KOLLAM - 691002

7 K.AMRITHALAL, AGED 69 YEARS, S/o KUNJU PANICKER, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.29, ASHIRVAD, THANKASSERI, KOLLAM - 691007

8 D.PRASANNAN, AGED 72 YEARS, S/o DIVAKARAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.165, PRESIL, SANKAR NAGAR, KOLLAM -691002

9 N.GOPINATHAN, AGED 75 YEARS, S/o NARAYANAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.192, THEJAS, OLAYIL JAYAN NAGAR - 93, THEVALLY P.O., KOLLAM - 691009

10 P.C.WILSON, AGED 74 YEARS, S/o CHENNAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.73, PANIKKASSERIL HOUSE, ALATTUKAV NAGAR 76, KANNIMEL CHERRY, KAVANAD P.O., KOLLAM, PIN - 691003

11 DR.G. RAJENDRAN, AGED 68 YEARS, S/o GANGADHARAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. 141, SGM BHAVAN, KANNANALLOOR.P.O, KOLLAM - 691576

12 V. JAYAPRAKASH, AGED 65 YEARS, S/o VELAYUDHAN, EXECUTIVE COMMITTEE MEMBER NO.P01, KEYEES, MUNDAKKAL.P.O, KOLLAM, PIN - 691010

13 G. VENUGOPAL, AGED 69 YEARS, S/o GOPALAN, EXECUTIVE COMMITTEE MEMBER NO. P02, SAVEE NIVAS, ASRAMOM.P.O, KOLLAM - 691002

14 P. SUNDARAN, AGED 69 YEARS, S/o PRABHAKARAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.P04, LEKSHMI PRABHA, SREENAGAR- 14, KADAPPAKKADA.P.O, KOLLAM - 691008

15 G. SUNDARESHAN, AGED 74 YEARS, S/o GOPALAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. P05, GANAPATHY BHAVAN, VADAKKEVILA.P.O, KOLLAM - 691010

16 G. SURESH, AGED 66 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. 26, AKHILA, PATTATHANAM.P.O, DRASANA NAGAR- 60, KOLLAM - 691021

17 DR.N. PANKAJAKSHAN, AGED 69 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.28, CHERUKULATHU, THATTAMALA.P.O, KOLLAM, PIN - 691020

18 D.K.S VIJAYAN, AGED 75 YEARS, S/o SUKUMARAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO 228, SUKUMARANA, MANACAUD, ATTUKAL, TRIVANDUM - 695009

19 DR.V. CHITHARANJAN, AGED 68 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.214, VRINDAVANAM, THAZHEKKARA, MAVELIKKARA,, PIN - 690108

20 PRAKASH NADESAN, AGED 69 YEARS, S/o NADESAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO: 225, CHEPPALLY, KOTTIYAM P.O, KOLLAM - 691571

21 DR. A.B.PRADEEP, AGED 65 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. 142, PADMA BHAVAN, ALUMKADAVU P.O., KARUNAGAPPALLY, PIN - 690573

22 GOPALAKRISHNA PANIKER, AGED 59 YEARS, S/o PRABHAKAR PANICKER, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.34, MANGALYA, VADAYATTUKOTTAH, KOLLAM- 691001

23 D. JAYACHANDRAN, AGED 61 YEARS, EXECUTIVE COMMITTEE MEMBER, MEMBER NO. 119, SRI DEVI MANDIRAM, TC/28/2636, CHETTIKULANGARA, TRIVANDRUM, PIN - 695035

24 K.K.SHANAVAS, AGED 62 YEARS, S/o KUMARAN, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.117, KOICKAL, CHERUPOIKA.P.O, PAVITHRESWARAM - 691543

25 A.SATHEESAN, AGED 80 YEARS, S/o ACHUTHA PANICKER, EXECUTIVE COMMITTEE MEMBER, MEMBER NO.133, THEJAS, KADAPPAKKADA.P.O, KOLLAM, PIN - 691008

26 D.RAJKUMAR, AGED 59 YEARS, S/o DAMODARAN, NOMINATED EXECUTIVE COMMITTEE MEMBER, KOCHUVILAYIL, PALACE ROAD, THEVALLY.P.O, KOLLAM, PIN - 691009

27 PROF.K.JAYAPALAN, AGED 79 YEARS, S/o KESAVAN, NOMINATED EXECUTIVE COMMITTEE MEMBER, UPASANA, MUNDAKKAL.P.O, KOLLAM, PIN - 691010

28 SUNIL KUMAR.A, AGED 60 YEARS, S/o ASOKAN, NOMINATED EXECUTIVE COMMITTEE MEMBER, SUNIL NIVAS, KOOTTIKKADA.P.O, THATTAMALA -691020

29 S.JAYADAVAN, AGED 62 YEARS, NOMINATED EXECUTIVE COMMITTEE MEMBER, SUBHADRALAYAM, KOOTTIKKADA P.O., KOLLAM, PIN - 691020

30 S.K.YASODHARAN, AGED 69 YEARS, S/o KESAVAN, NOMINATED EXECUTIVE COMMITTEE MEMBER, RAJASREE, MUNDAKKAL WEST, KOLLAM, PIN - 691010

31 DR.R.PRAKASH, AGED 65 YEARS, S/o P.K.RAGHAVAN, MEMBER NO.59, KRISHNA NIVAS, PADA NORTH, KARUNAGAPPALLY, KOLLAM - 690544

32 B.ASOKAN, AGED 73 YEARS, S/o BHARGAVAN, MEMBER NO.62, VILAYIL VEEDU, KARTHIKA, KUREEPUZHA, PERINAD P.O., KOLLAM - 691604

33 DR. T.AMBILIKUMARI, AGED 52 YEARS, S/o VISWANATHAN, MEMBER NO.74, AKSHAYA, PULARI NAGAR-119, PUNTHALATHAZHAM, KOLLAM - 691004

34 K.SATHYADEVAN, AGED 67 YEARS, S/o KUMARAN, MEMBER NO.204, ALANGATTU VEEDU, VILLIMANGALAM, MUNROTHURUTHU P.O., KOLLAM - 691511

35 M SARATCHANDRAN, AGED 74 YEARS, S/o MADHAVAN, MEMBER NO.64, CHAKKALLINS, PRAKKULAM P.O, KOLLAM- 691602

36 V.S. LAI, AGED 62 YEARS, S/o VASAVAN, MEMBER NO.121, SNEHARAM, ALTHARAMOODU, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM DISTRICT., PIN - 695304

37 P. PRASAD, AGED 53 YEARS, S/o PEETHAMBARAN, MEMBER NO.148, MATHANAD VALIYA VEEDU, KALLAMBALAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695605

38 P.PREMJITH, AGED 51 YEARS, S/o PEETHAMBARAN, MEMBER NO.182, MATHANAD VALIYA VEEDU, KALLAMBALAM P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695605

39 GEORGE NETTO, AGED 54 YEARS, S/o BEN MARK P NETTO, MEMBER NO.164, PAZHAVILA, POORAM NAGAR, PULLIKKADA, KOLLAM - 691001

40 N.RAJENDRAN, AGED 68 YEARS, S/o NEELAMBARAN, MEMBER NO.14, RAJASREE, VIKAS NAGAR - 185, PALAYATHODE, PATTATHANAM P.O., KOLLAM - 691021

41 M.A.BHASKARAN, AGED 86 YEARS, S/o AYYAPPAN, MEMBER NO.160, SUPRABHA, KELI NAGAR -4, KILIKOLLUR P.O., KOLLAM - 691004

THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

When the matter came up for hearing, the learned

counsel for the appellants fairly submitted that they are

not pressing the appeal. Without prejudice to the right of

any other reliefs that may be available to the parties and

to take up all contentions before the trial court, the

present appeal is allowed to be withdrawn. The appeal will

stand dismissed as withdrawn.

Sd/-

P.SOMARAJAN JUDGE DMR/-