Shanmugha Vilasom Higher ... vs S. Jayachandran
2023 Latest Caselaw 8623 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                            FAO NO. 68 OF 2023
 AGAINST THE ORDER IN IA 3/23 IN OS 13/2023 OF SUB COURT, KARUNAGAPPALLY
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APPELLANT/1ST RESPONDENT/1ST PLAINTIFF:

             SHANMUGHA VILASOM HIGHER SECONDARY SCHOOL,
             CLAPPANA REPRESENTED BY ITS MANAGER RENOJ. R.,
             S/O. RAVEENDRAN, AGED 45 YEARS, RESIDING AT KOLLAMTHARA-
             HOUSE, VARAVILA P.O., KARUNAGAPALLY, KOLLAM DISTRICT,
             PIN - 690528

             BY ADVS.
             SRI.M.BALAGOVINDAN
             SRI.LAL KUMAR N.


RESPONDENTS/PETITIONER/7TH DEFENDANT/PLAINTIFFS 2 TO 7:

     1       S.JAYACHANDRAN, S/O. SREEDHARA PANICKER, AGED 52 YEARS,
             RESIDING AT ILLIKULATHU VEEDU, CLAPPANA SOUTH, CLAPPANA
             VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT-690525.

     2       SURESH, S/O VASU,
             AGED 68 YEARS,
             RESIDING AT KOCHUNETTOOR, CLAPPANA P.O., KARUNAGAPPALLY,
             KOLLAM DISTRICT-, PIN - 690525.

     3       SOORYA KUMAR, S/O VASU,
             AGED 69 YEARS,
             RESIDING AT KOCHUNETTOOR, CLAPPANA P.O, KARUNAGAPPALLY,
             KOLLAM DISTRICT, PIN - 690525.

     4       CHANDRAN.S.,
             S/O SIVARAMAN, AGED 58 YEARS, SARATH BHAVAN, CLAPPANA.P.O.
             KARUNAGAPPALLY, KOLLAM DISRTICT - 690525.

     5       CHANDRAN, S/O DIVAKARAN,
             AGED 72 YEARS,
             RESIDING AT KASRICHALIKKALAM, CLAPPANA,P.O., KARUNAGAPPALLY,
             KOLLAM DISTRICT., PIN - 690525.
 FAO NO. 68 OF 2023                     -2-


     6      PADMAKUMAR, S/O GANGADHARAN,
            AGED 60 YEARS,
            RESIDING AT HARICHANDRAM, (VAYALITITHARAYIL), CLAPPANA P.O.,
            KARUNAGAPPALLY, KOLLAM DISTRICT-690525.

     7      REGHUVARAN,
            S/O. SREEDHARAN, AGED 60 YEARS, RESIDING AT IDAYARANTHAYIL,
            CLAPPANA P.O., KARUNAGAPPALLY, KOLLAM DISTRICT-690525.

            BY ADVS.
            A.N.RAJAN BABU
            NARENDRA KUMAR M




     THIS   FIRST   APPEAL   FROM   ORDERS   HAVING   COME   UP   FOR   HEARING   ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                        SATHISH NINAN, J.
              = = = = = = = = = = = = = = = = = =
                        FAO No.68 of 2023
              = = = = = = = = = = = = = = = = = =
             Dated this the 9th day of August, 2023

                           J U D G M E N T

The first plaintiff in the suit is in appeal

challenging the interim order of injunction against the

plaintiffs. The dispute appertains to the administration

of the "Clappana Shanmugha Vilasom Higher Secondary

School". As per the order impugned, the plaintiffs have

been restrained from convening Annual General Body

Meeting of the School and from conducting election to

its Managing Committee.

2. The suit is filed seeking a declaration that,

SNDP branches 181, 182 and 443 do not have any direct

nexus with the administration of the school and that the

right of management vests with the "Sreenarayaneeyars"

residing within the territories of Clappana North SNDP

Branch No.181, Clappana Central SNDP Branch No.182 and

Clappana South SNDP Branch No.443. According to the FAO No.68 of 2023

contesting defendants the right of management vests with

the three branches and that only those persons who are

having membership of SNDP Yogam could be included in the

general body.

3. In brief, the facts which led to the present

appeal are as under: -

4. Election to the Managing Committee of the School

was held on 24.01.2020. The term of office is three

years i.e. up to 24.01.2023. Since before the expiry of

the term election was not conducted, the Manager then in

office, who is the first plaintiff herein, approached

this Court vide W.P.(C) No.3864/2023, seeking permission

to continue in office till a new committee is elected.

This Court directed the educational authority to decide

on the claim. As per order dated 17.04.2023, the

District Educational Officer permitted the first

plaintiff to continue as Manager till a new committee is

elected.

FAO No.68 of 2023

5. In the meanwhile, on 14.04.2023, the first

defendant SNDP Union issued a notification for election

scheduling to be held on 14.05.2023. The plaintiff

contended that the SNDP Yogam/Union does not hold a

position of authority in the administration of the

School. For challenging the notification by the Union,

the present suit was filed before the vacation court,

Kollam. It was later transferred to the Sub Court,

Karunagappally and numbered as O.S. 13/2023.

6. In the meantime, the first plaintiff issued an

election notification on 05.05.2023 scheduling the

election to be held on 18.06.2023.

7. Both factions approached this court for police

protection to conduct the respective elections as

notified by them. This Court left open the civil

disputes to be decided in the appropriate proceedings,

and directed the police to ensure law and order.

8. Thereafter, based on the notification issued by

the SNDP Union, elections were held and the members of FAO No.68 of 2023

the Managing Committee were elected. The 7 th defendant

in the suit is the Manager elected pursuant to the same.

He filed IA 3/2023 in O.S.13/2023, from which the

present appeal arises, to restrain the plaintiffs from

convening the General Body and from conducting the

election.

9. The trial court found that, the bye-law of the

school stipulate that only the members of the Yogam

could be members of the Sakhas (branches) and that

election is to be conducted from among such members

alone. Accordingly, it was held that only those

residents within the territorial limits prescribed under

the bye-law who simultaneously possessing membership in

the SNDP Yogam, have right over the school. The trial

court further noticed that the first plaintiff, who was

the Manager in office from 24.01.2020, was also elected

to office on a notification issued by the SNDP Union,

Karunagappally. It is following the same procedure that

SNDP Union issued notification for election on FAO No.68 of 2023

14.04.2023 and held elections on 14.04.2023.

Accordingly, the application for injunction was allowed.

10. I have heard Sri.M.Balagovindan, learned

counsel for the appellant, Sri.A.N.Rajan Babu, learned

counsel for the SNDP branch and Sri.Narendra Kumar

learned counsel for the 3rd respondent.

11. As it is evident from the main relief sought

for in the suit, the main dispute is, who are the

members of the general body of the school. According to

the plaintiffs the SNDP sakhas (branches) Nos.181, 182

and 443 have no role in the administration of the school

and that the right vests exclusively with the

"Sreenarayaneeyars" residing within the territorial

limits of the said branches. The branches, Union and the

Yogam as such, have an inherent right over the school,

is the contention. Necessarily, it is a matter to be

adjudicated in the suit. At the interlocutory stage the

Court is only forming a prima facie opinion and deciding

on the status to be maintained till disposal of the FAO No.68 of 2023

suit.

12. It is not in dispute that the school is

functioning on the basis of an established bye-law duly

approved by the Education Department in the year 1964.

Clause-2 of the bye-law reads thus: -

2. A-h-Imiw 181þmw \-¼À ¢m-¸-\ hS-¡v F-

kv.F³.Un.]n im-Jm tbm-K-¯n-sâ- bpw 182þmw \-¼À ¢m-¸-\ a²yw F- kv.F³.Un.]n im-Jm tbm-K-¯n- sâbpw 443þmw \-¼À ¢m-¸-\ sX-¡v F-kv.F³.Un.]n imJ tbm-K-¯n- sâbpw A-Xn-À-¯n-¡p-Ånð Xm-a- kn-¡pó {io-\m-cm-b-Wo-b-cp-sS h- I-bm-bn-cn-¡pw.

13. A reading of the same would suggest that the

school belongs to the Sreenarayaneeyars residing within

the territorial limits of the SNDP clauses 181, 182 and

443. The further provisions in the bye-law appear to

suggest that, such persons must be members of the SNDP

Yogam. Clause-3 of the bye-law provides that the

management of the school is occupied by nine members in

which three members to be elected from each Sakha FAO No.68 of 2023

(branch). Clause 3.1 provides for giving advance notice

to the members included in the membership list prepared

by each sakha. Clause 3.2 stipulates that, to be

included in the membership list, such person should have

at least temporary membership in the SNDP Yogam. All the

above indicates that, to be included in the membership

list, such person must be a member of the SNDP Yogam.

Therefore, clause-2 referred first above has to be

understood in the light of the same as, 'Sreenarayaneers՚

within the territorial limits of the SNDP Sakhas, who

are members of the SNDP Yogam. The contention of the

plaintiffs to the contrary that, all the

Sreenarayaneeyars residing within the territorial limits

of the sakhas, irrespective of whether they are members

of the SNDP Yogam or not, are entitled to be included in

the membership list, is prima facie not convincing.

14. The next issue is with regard to convening of

the General Body. The clause-6 of the bye-law provides

that the Manager shall be the convenor. The contesting FAO No.68 of 2023

respondents point out that, on earlier occasions,

including the election of the Managing Committee by

which the present first plaintiff was elected, were also

convened by D1. The said contention of the defendants is

not disputed by the plaintiffs. Whether the 1st

defendant was competent to convene the general body

meeting, is a matter to be adjudicated finally in the

suit.

15. Pursuant to the election notification issued by

the first defendant, elections were held. The contention

of the plaintiff as to who are the members of the

general body, is prima facie found to be not acceptable.

Therefore, the election proposed to be held by them on

the basis of such membership list also cannot be

permitted at this stage.

16. Considering the entire facts as above it is

only deemed appropriate that, the managing committee

elected through the election notified by the first

defendant on 14.05.2023 shall be permitted to assume and FAO No.68 of 2023

continue in office till the disposal of the suit.

However, it shall be subject to the final decision in

the suit.

I do not find any reason to interfere with the

order of the trial court. The Appeal fails and is

accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF FAO 68/2023

PETITIONER ANNEXURES

ANNEXURE A TRUE COPY OF THE PLAINT IN O.S. 26/23 BEFORE THE MUNSIFF COURT, KARUNAGAPALLY ,DATED 17,3.2023

RESPONDENT ANNEXURES

ANNEXURE A5 A TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING AND ELECTION HELD ON 24-6-2007.

ANNEXURE A4 A TRUE COPY OF THE MINUTES OF THE GENERAL BODY MEETING AND ELECTION HELD ON 8-8-1999.

ANNEXURE A3 A TRUE COPY OF THE MINUTES OF GENERAL BODY MEETING AND ELECTION OF BHARANA SAMITH AND MANAGER

ANNEXURE A1 A TRUE COPY OF THE REGISTERED DEED NO.2664/1123 M.E

ANNEXURE A17 A TRUE COPY OF THE COMMON JUDGMENT IN WP(C) NOS.15477/2023 AND 16639/2023

ANNEXURE A16 A TRUE COPY OF THE MINUTES FOR TAKING CHARGE BY BHARANA SAMITHI ON 15-5-2023

ANNEXURE A15 A TRUE COPY OF THE MINUTES OF THE ELECTION MEETING DATED 14-5-2023

ANNEXURE A14 A TRUE COPY OF THE ORDER DATED 12/05/2023

ANNEXURE A13 A TRUE COPY OF THE ELECTION NOTIFICATION PUBLISHED IN MALAYA MANORMA DAILY DATED 7/5/2023

ANNEXURE A2 A TRUE COPY OF THE NOTICE OF ELECTION DATED 29-11-2019

ANNEXURE A12 A TRUE COPY OF THE LETTER DATED 5/5/2023 COMMUNICATED TO THE RETURNING OFFICER APPOINTED BY THE APPELLANT

ANNEXURE A10 A TRUE COPY OF THE ELECTION NOTICE PUBLISHED ON 14-04-2023 APPENDIX-FAO 68/2023

ANNEXURE A9 A TRUE COPY OF THE DECISION DATED 08-04-2023 OF UNION COUNCIL, KARUNAGAPPALLY

ANNEXURE A8 A TRUE COPY OF THE WRITTEN REQUEST GIVEN BY SECRETARY OF SAKHA NO.182 CLAPPANA DATED 28-3-2023

ANNEXURE A7 A TRUE COPY OF THE WRITTEN REQUEST GIVEN BY SECRETARY OF SAKHA NO.443 CLAPPANA DATED 10-3-2023

ANNEXURE A6 A TRUE COPY OF THE WRITTEN REQUEST GIVEN BY SECRETARY OF SAKHA NO.181 CLAPPANA DATED 20-3-2023

ANNEXURE A18 A TRUE COPY OF THE ORDER DATED 31-05-2023

ANNEXURE A19 A TRUE COPY OF THE JUDGMENT IN W.P.(C) 17563/2023 DATED 7-6-2023 OF THIS HONORABLE COURT

ANNEXURE A20 A TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1071/2023 DATED 8-6-2023

ANNEXURE A11 A TRUE COPY OF THE PLAINT IN O.S.13/2023 FILED BEFORE THE SUB COURT, KARUNAGAPPALLY

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