Kerala High Court
The Iritty High School Society, ... vs State Of Kerala on 5 April, 2024
W.P(C) Nos.35765/22 & 4147/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 35765 OF 2022
PETITIONER/S:
1 THE IRITTY HIGH SCHOOL SOCIETY, (NO.S.16/1955 OF
REGISTRAR OF SOCIETIES, DISTRICT REGISTRAR (GENERAL),
KANNUR AT THALASSERY REPRESENTED BY ITS SECRETARY, SRI.
K.T.ANOOP,
S/O. LATE. MADHUSOODANAN VAZHUNNAVAR, AGED 58 YEARS,
RETIRED TEACHER, RESIDING AT 'ANUSREE', PALAPARAMBA,
P.O.KEEZHOOR, IRITTY, KANNUR DISTRICT-, PIN - 670703
2 SRI. K.T.ANOOP,
AGED 58 YEARS
S/O. LATE. MADHUSOODANAN VAZHUNNAVAR, AGED 58 YEARS,
RETIRED TEACHER, RESIDING AT 'ANUSREE', PALAPARAMBA,
P.O.KEEZHOOR, IRITTY, KANNUR DISTRICT-, PIN - 670703
BY ADVS.
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)(K/000570/1979)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,, PIN -
695001
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM,, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR
W.P(C) Nos.35765/22 & 4147/23 2
DISTRICT., PIN - 670001
4 DISTRICT EDUCATION OFFICER,
THALASSERY EDUCATION DISTRICT, THALASSERY, KANNUR
DISTRICT-, PIN - 670101
5 SRI. P.K.RAMDAS,
AGED 60 YEARS
(FATHER'S NAME NOT KNOW TO PETITIONER), AGED 60 YEARS,
RESIDING AT 'ARPITAM', KEERIYODE, EDAKKANAM, IRITTY,
KANNUR DISTRICT, PIN - 670703
6 SRI. K.KUNHIMADHAVAN,
AGED 68 YEARS
S/O. OTHENAN NAYANAR, AGED 68 YEARS, RESIDING AT
'SREELAKSHMI', P.O.KEEZHUR, IRITTY-, KANNUR DISTRICT,
PIN - 670703
BY ADVS.
GOVERNMENT PLEADER
Adv.M.P.Sreekrishnan
A.MUHAMMED MUSTHAFA(K/859-A/2015)
ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
PREMCHAND V NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.3.2024, ALONG WITH WP(C).4147/2023, THE COURT ON 05.04.2024
DELIVERED THE FOLLOWING:
W.P(C) Nos.35765/22 & 4147/23 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 4147 OF 2023
PETITIONER/S:
1 P.K.RAMDAS
AGED 60 YEARS
PRESIDENT, IRITTY HIGH SCHOOL SOCIETY, KIZHOOR P.O.,
IRITTY, PIN - 670703
2 K.KUNHIMADHAVAN
AGED 68 YEARS
S/O. OTHENAN NAINAR, SECRETARY, IRITTY HIGH SCHOOL
SOCIETY, KIZHOOR P.O., IRITTY, PIN - 670703
BY ADVS.
M.P.SREEKRISHNAN
SONY BENNY
A.MUHAMMED MUSTHAFA
RESPONDENT/S:
1 THE DEPUTY DIRECTOR OF EDUCATION - KANNUR
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR
DISTRICT, PIN - 670001
2 THE DISTRICT EDUCATION OFFICER - THALASSERI
4TH FLOOR, MINI CIVIL STATION, M.G.ROAD, THALASSERI,
KANNUR, PIN - 670101
3 THE DIRECTOR GENERAL OF EDUCATION
O/O. DIRECTOR GENERAL OF EDUCATION, JAGATHI P.O.,
THIRUVANANTHAPURAM, PIN - 695001
4 THE STATE OF KERALA
W.P(C) Nos.35765/22 & 4147/23 4
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER
EDUCATION, THIRUVANANTHAPURAM, PIN - 695001
5 K.T.ANOOP
16/55, ANUSREE, PALAPARAMBU P.O., KEEZHUR, IRITTY, PIN
- 670703
BY ADVS.
PREMCHAND V. NAIR, SR.GP
NISHA GEORGE
GEORGE POONTHOTTAM (SR.)(K/000570/1979)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.3.2024, ALONG WITH WP(C).35765/2022, THE COURT ON 05.04.2024
DELIVERED THE FOLLOWING:
W.P(C) Nos.35765/22 & 4147/23 5
MOHAMMED NIAS C.P., J
...........................................................................................
W.P(C) Nos.35765 of 2022 and 4147 of 2023
.........................................................................................
Dated this the 5th day of April, 2024
JUDGMENT
W.P(C) No. 35765/2022 is filed by the Iritty High School Society as the
first petitioner and Sri.K.T.Anoop as the second petitioner, challenging
Ext.P32 order passed by the first respondent and also for a declaration that in
view of Ext.P1 and P2 Memorandum of Association and Rules and
Regulations and Ext.P4 common judgment of the Munsiff's Court,
Kuthuparamba, a further approval of the Constitution or the bye-law of the
Iritty High School is not required under Chapter III Rule 2 of KER since it is
an "existing" school as on the date of commencement of Kerala Education Act
and Rules.
2. W.P(C) No. 4147/2023 is filed by Sri. P.K. Ramdas and Sri.K.
Kunhimadhavan, claiming to be the President and the Secretary respectively
of Iritty High School Society, (who are respondents 5 and 6 in W.P(C)
No.35765/2022) challenging Ext.P1 order dated 12.7.2022 of the 1st
respondent Deputy Director of Education.
3. For convenience, the facts and documents as referred to in W.P(C)
No.35765/2022 are being narrated first treating it as the leading case. The
Society was registered in 1955 on the basis of Ext.P1 Memorandum of
Association and Ext.P2 Rules and Regulations. It is the said Society that
established the Iritty High School. By Ext.P4 judgment dated 31/01/2011 in
O.S.No.432/1990 and O.S.No.150/1992, the District Educational Officer was
directed to identify the members and to conduct election to the office bearers
of the Society. The members were to be ascertained strictly in accordance
with the documents in the suit namely, Exts.A2, A17 and X2 series. Though an
appeal was preferred against the same, it was later withdrawn and therefore
Ext.P4 has become final.
4. Following Ext.P4, it is stated that elections were conducted twice in
2011 and 2014. In 2014, the sixth respondent was elected as the Secretary
and he had applied for approving his appointment as Manager. It was stated
that the approved constitution was irrecoverably lost and a notarized affidavit
was produced before the third respondent. Based on the application and the
sworn affidavit, a Constitution presented by the sixth respondent was
approved by the third respondent. Petitioner submits that the approval so
obtained through Ext.P9 was by practising fraud, as there was no necessity
for the formation of such a Constitution.
5. As the election was not conducted thereafter despite the completion
of tenure, O.S.No.229/2017 was filed before the Munsiff's Court,
Kuthuparamba by Dr. Abdul Rahiman Poyilan, another member of the Society.
Suppressing the filing of the above suit, W.P.(C) No.22494/2017 was filed by
the sixth respondent seeking to conduct an election in accordance with the
newly approved Constitution/bye-law. This Court appointed an Advocate
Commissioner to conduct an election as per Ext.P11 judgment. Following
this an election was conducted and the sixth respondent claimed to have
been appointed as the Manager.
6. A review filed against Ext.P11 judgment was allowed and the
judgment was recalled by Ext.P12 and the writ petition was restored. An
appeal filed against the same was also dismissed. The petitioners therefore
submit that the election and all actions taken under Ext.P11 judgment cannot
survive.
7. In the meantime, there was an attempt to remove the second
petitioner from membership which was challenged in O.S.No.205/2019,
wherein an interim order of status-quo was passed. The suit was later
withdrawn as it was admitted in the written statement that Sri. Anoop is a
member.
8. Complaining that no election was conducted, one of the members
K.T.Jayaprakash filed O.S.No.183/2020 to conduct elections in accordance
with Ext.P2 Rules. When the petitioner came to know about the approval of
the new constitution, a complaint was filed before the second respondent to
take action. After hearing the parties, an order was passed entrusting the
management of the school to the fourth respondent till the completion of the
civil disputes as per Ext.P17 order. It was also mentioned in the said order
that the election conducted pursuant to Ext.P11 judgment and approval of
the sixth respondent as Manager also did not survive. Ext.P17 was
unsuccessfully challenged in W.P.(C) No. 11415/2020 and W.A.No.955/2020.
9. As no election was conducted after 2014, the second petitioner and
K.T.Jayaprakash convened a General Body Meeting on 26/09/2021 after
issuing notice to the members including the sixth respondent and the second
petitioner was elected as the Secretary. As a fresh election was conducted
following Ext.P1 and P2, the suits filed to conduct an election were
withdrawn. Following the election, the second petitioner applied before the
educational authorities to approve him as the Manager of the School, but the
same was not granted. However, in the appeal, the second respondent
directed the fourth respondent to approve the second petitioner as Manager
and the approval is valid till 21/04/2025 as per Ext.P24.
10. In the meantime, the fifth and the sixth respondents conducted an
election in accordance with the new constitution on 17/04/2022 and filed a
list of officer bearers. The petitioner had approached the Registrar of
Societies to remove the filing made by the fifth and the sixth respondents.
The approval of the second petitioner as Manager was challenged by the fifth
and the sixth respondents before the Government. Before the revision was
decided, the second respondent had passed an order dated 12/07/2022,
Ext.P31 setting aside the new Constitution approved at the instance of the
sixth respondent. It is the said order that is challenged in W.P.(C)
No.4147/2023. This factum was brought to the notice of the revisional
authority during the final hearing of Ext.P28 revision. The revision petition
filed by the fifth and the sixth respondents was allowed and the approval of
the second respondent as Manager was set aside by Ext.P32 order, which is
challenged in W.P.(C) No.35765/2022.
11. W.P.(C) No.4147/2023 is filed by the sixth respondent seeking to
challenge Ext.P1 order dated 12/07/2022 which is the same as Ext.P31 in W.P.
(C) No.35765/2022.
12. Heard Sri. George Poonthottam, the learned Senior Counsel
instructed by Sri. L.Navaneeth Krishnan in W.P(C) No. 35765/2022, Sri. M.P.
Sreekrishnan, learned counsel for the petitioner in W.P(C) No.4147/2023 and
Sri. Premchand R. Nair, the learned Senior Government Pleader.
13. This Court had passed an order on 19.6.2023 to make available
certified copies of Exts.A2 and A3 documents produced in O.S.Nos. 432/1990
and 152/1992 for perusal. Another order was passed on 20.7.2023 directing
the production of certified copies of Exts.A2 and A3 documents and also
Exts.B10 and B11 documents produced in the suit. In response to the above
orders, by intimation dated 14.7.2023 from the Munsiff Court, Kuthuparamba,
it was stated that Exts.A2 and A3 in the suit were already returned to the
plaintiffs through their lawyer and though a request was made from the court,
the party stated that they could not trace out the original documents. By
order dated 10.8.2023, the District Registrar, Tellicherry was directed to
produce the original of the Memorandum of Association of the Iritty High
School Society produced as Ext.A2 document and also the Rules and
Regulations produced as Ext.A3 document, both of the year 1954. The same
was produced and this Court, by order dated 22.8.2023, directed to retain the
attested copies of the two documents mentioned above and the originals were
returned. Again, an order was passed on 6.2.2024 directing the District
Registrar (General), Thalassery, to intimate whether there has been any
amendment to the Memorandum of Association or to the Rules and
Regulations of the school. A memo, dated 19.2.2024 intimating the response
of the District Registrar (General) dated 17.2.2024, was filed in response to
the same stating that no amendment was made after its registration in the
year 1955. In view of the above developments, it has to be taken that no
amendment has been made either to the Memorandum of Association or to
the Rules and Regulations of the Iritty High School Society (Registration No.-
S.161955) after this date.
14. It is seen that as per Ext. P11 judgment in W.P(C) No.22494/2017
dated 13.7.2017 filed by the manager of the Iritty High School, an advocate
commissioner was appointed to conduct the election. Thereafter, a review was
filed by three members of the Iritty High School Society as RP 892/2017 and
by order dated 6.2.2019, the learned Single Judge who directed the conduct
of the election found that all the facts were not disclosed and recalled the
judgment and restored the writ petition to file. The said order passed in the
review was again challenged in Writ Appeal No.1534/2019 by the fifth and
sixth respondents wherein the writ petition was also called for and by a
common judgment dated 18.10.2019 the Division Bench dismissed the writ
appeal filed against the order in review, further held that the election to a
corporate management was purely a private affair and had nothing to do with
any public function and therefore the request for conducting an election to a
private body was not a matter which this court could have adjudicated. This
court also noticed that there was already a pending civil suit. It was open for
any aggrieved party to approach the Civil Court and obtain appropriate reliefs
either to conduct an election or for other reliefs, as the case may be, and
accordingly, dismissed the writ petition itself.
15. O.S.No.205/2019 on the file of the Munsiff's Court, Kuthuparamba
was filed by K.T. Anoop, the second petitioner in W.P(C) No.35765/2022
praying for a declaration that he is a member of the first defendant society
and also for passing an order of injunction restraining the defendants therein
from expelling the plaintiff from the society by deleting his name. An order of
status quo regarding the petitioner's membership in the Iritty High School
Society was passed in the said suit on 11.6.2019. Thereafter, by order dated
25.5.2020 the Director of General Education passed an order noting the
pendency of two suits, namely O.S.No.229/2017 and O.S.No.205/2019 and
accordingly directed the managership of the school to be performed by
District Educational Officer, Thalassery, till the culmination of the disputes. By
Ext.P18 a notice was issued for a General Body Meeting by the petitioners
fixing the date as 26.9.2021 also issued to the petitioner in the connected writ
petition. Through Ext.P19 proceedings, a meeting was held on 26.9.2021 and
an election was also conducted which is seen from Ext.P20. Ext.P20 was filed
before the Registrar of Societies on 29.10.2021. Ext.P21 details of the
election and the office bearers were intimated to the DEO on 29.9.2021. By
Ext.P2 dated 7.12.2021 the DEO informed the second petitioner that since
cases were pending regarding the management the list of office bearers sent
as per Ext.P21 cannot be accepted. By Ext.P23 dated 27.3.2022 the society
addressed the Additional Director General, Directorate of General Education
for approving the office bearers of the society and also to approve the
Secretary as the manager of the school and to give directions to the DEO,
Thalassery to hand over the charge of the manager of the school to the
Secretary of the society. By Ext.P24 dated 22.4.2022, the Additional Director
found that the reasoning of the District Educational Officer not approving the
appointment of Sri.K.T.Anoop was wrong and directed the DEO to pass orders
appointing him, which was complied with by Ext.P25 dated 7.5.2022 by the
DEO, Thalassery approving the appointment of Sri. KT Anoop for three years
from 22.4.2022.
16. Thereafter, by Ext.P26, the petitioner in W.P(C) No. 4147/2023
issued a notice proposing an election on 17.4.2022. The petitioner in W.P(C)
No. 35765/2022 had filed Exts.P27 and P27A before the District Registrar not
to accept the list of office bearers submitted by P.K. Ramdas and others. P.K.
Ramdas and others had also filed a revision before the Government as
Ext.P28, challenging the order approving Sri. Anoop as the Manager of the
school, dated 22.4.2022 as well as the consequential order dated 7.5.2022
passed by the 4th respondent. Objections were filed by Sri. K.T. Anoop and
after hearing both sides, the revision preferred by P.K. Ramdas and others
was allowed setting aside the election conducted by the faction of P.K. Anoop
and others and also holding that the election was not transparent. Earlier, by
Ext.P31, which is the order impugned in W.P(C) No.4147/2023, the Director
had found by order dated 25.6.2022 that the revised constitution/bye-law
approved at the instance of P.K.Ramdas and others cannot be accepted as
there are contradictions between the bye-law of the society as well as the
revised one and directed the District Educational Officer, Kannur, to verify
and pass appropriate orders.
17. As stated above, by Ext.P32, the order approving the petitioner as
Manager was reversed in the revision filed by Sri. P.K. Ramdas and others.
The primary reason for reversing was that the election claimed by the sixth
respondent Ramdas was conducted between 15/10/2015 and 12/07/2022, the
date of Ext.P1 (same as Ext P31) in W.P.(C) No.4147/2023 and since the same
was conducted when there was a bye-law (which was later set aside) was in
force, the election conducted on 26/09/2021 by the petitioners in W.P.(C)
No.35765/2022 cannot be accepted. It was also found that the election so
conducted was not transparent and that there was no approved bye-law for
the School. For these reasons, the approval of the petitioner as Manager was
set aside and the AEO, Thalasserry was given the charge of the Manager till
the election of a Manager and approval of the bye-law.
18. The said reasons In Ext P32 are wrong as the appointment of the
petitioner as Manager was approved and the reason for interfering with the
same by Ext.P32 cannot stand the scrutiny of law for more reasons than one.
An election was conducted based on a new bye-law, which was set aside by
the educational authorities on 12/07/2022 and therefore such an election
could not have been given any credence by the educational authorities. Any
action taken before the passing of Ext.P31 under the new constitution
approved at the instance of P.K. Ramdas and others could not have been
countenanced more so when it was set aside as per Ext.P31.
19. The Educational authorities cannot go into the correctness or
otherwise of an election conducted by making a determination on facts as it is
for a competent civil court to examine such questions. The entire reasoning in
the impugned order in W.P(C) No.35765/2022 has to fall for that reason.
However, this does not mean that this court is giving an imprimatur or any
seal of approval for the election conducted on 26/9/2021. Accordingly, Ext.P32
in W.P(C) No.35765/2022 is set aside. It is made clear that this court has not
pronounced on the legality of the election conducted by the petitioners in
W.P(C) No.35765/2022 on 26/9/2021. However, the order passed by the
educational authorities approving the 2nd petitioner as Manager is upheld.
Till the said order is varied, modified or annulled in a proceeding known to
law by a civil court, the continuance of the second petitioner based on the
approval granted by the educational authorities is treated as valid.
20. For the aforesaid reasons, W.P(C) No. 4147/2023, the challenging
the order dated 12.7.2022 has to fail. No reliefs can be granted in the said
writ petition.
In the result, W.P(C) No. 35765/2022 is allowed and W.P(C)
No.4147/2023 is dismissed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
APA/OKB
APPENDIX OF WP(C) 4147/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER, DATED 12.07.2022
EXHIBIT P2 A TRUE COPY OF THE CONSTITUTION OF THE
EDUCATIONAL AGENCY APPROVED UNDER CHAPTER 3
RULE 2 KER ON 15.10.2015
EXHIBIT P3 A TRUE COPY OF THE AFFIDAVIT, DATED
04.08.2015
EXHIBIT P4 . A TRUE COPY OF THE MEMORANDUM OF
ASSOCIATION, DATED 10.06.1955 OF THE IRITTY
HIGH SCHOOL SOCIETY
EXHIBIT P5 A TRUE COPY OF THE RULES AND REGULATIONS,
DATED 10.06.1955
EXHIBIT P6 A TRUE COPY OF THE ORDER PASSED BY THE
GOVERNMENT, DATED 21.10.2022
EXHIBIT P7 . A TRUE COPY OF THE MINUTES OF THE MEETING
DATED 14.12.2014
RESPONDENT EXHIBITS
EXHIBIT R5(A) A TRUE COPY OF THE NOTICE DATED 7-2-2020
ISSUED BY THE DPI
EXHIBIT R5(B) A TRUE COPY OF THE NOTICE DATED 19-2-2020
ISSUED BY THE DPI
APPENDIX OF WP(C) 35765/2022
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION
DATED 10-6-1955, WITH CERTIFICATE OF
REGISTRATION DATED 16-6-1955 IN RESPECT OF
THE FIRST PETITIONER SOCIETY REGISTERED WITH
THE REGISTRAR OF SOCIETIES, DISTRICT
REGISTRAR, (GENERAL) KANNUR AT THALASSERY
EXHIBIT P2 A TRUE COPY OF THE RULES AND REGULATIONS
DATED 10-6-1955, WITH CERTIFICATE OF
REGISTRATION DATED 16-6-1955 IN RESPECT OF
THE FIRST PETITIONER SOCIETY REGISTERED WITH
THE REGISTRAR OF SOCIETIES, DISTRICT
REGISTRAR, (GENERAL) KANNUR AT THALASSERY
EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS OF THE
DIRECTOR OF PUBLIC INSTRUCTION, MADRAS IN
DIS 3912/56 DATED 4-6-1956 (ALONG WITH A
TYPED COPY)
EXHIBIT P4 A TRUE COPY OF THE COMMON JUDGEMENT DATED
31-1-2011 IN O.S NO.432/1990 AND O.S
NO.150/1992 ON THE FILE OF THE MUNSIFF'S
COURT, KUTHUPARAMBA
EXHIBIT P5 A TRUE COPY OF THE ELECTION NOTICE DATED 25-
6-2011 ISSUED BY THE DISTRICT EDUCATIONAL
OFFICER, THALASSERY
EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 15-7-
2015 SUBMITTED BY 6TH RESPONDENT AS MANAGER
OF THE SCHOOL
EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 22-7-2015
ISSUED BY THE 4TH RESPONDENT TO THE 3RD
RESPONDENT
EXHIBIT P8 A TRUE COPY OF THE AFFIDAVIT DATED 4-8-2015
SWORN IN BY THE 6TH RESPONDENT BEFORE A
NOTARY PUBLIC AND FILED BEFORE THE 3RD
RESPONDENT
EXHIBIT P9 A TRUE COPY OF THE CONSTITUTION OF IRITTY
HIGH SCHOOL DATED 20-9-2015 SUBMITTED BY THE
6TH RESPONDENT BEFORE THE 3RD RESPONDENT
EXHIBIT P10 A TRUE COPY OF THE ORDER NO.B1/12264/15/
K.DIS. DATED 15-10-2015 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P11 A TRUE COPY OF THE JUDGEMENT DATED 13-7-2017
IN WP(C)NO. 22494 OF 2017 OF HIGH COURT OF
KERALA
EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 6-2-2019 IN
R.P. NO. 892 OF 2017
EXHIBIT P13 A TRUE COPY OF THE COMMON JUDGEMENT DATED
18-10-2019 IN W.A NO.1534 OF 2019 AND THE
WP(C)NO. 22494 OF 2017
EXHIBIT P14 A TRUE COPY OF THE PLAINT IN O.S NO.205 OF
2019 BEFORE THE MUNSIFF'S COURT,
KUTHUPARAMBA
EXHIBIT P15 A TRUE COPY OF THE ORDER DATED 11-6-2019 IN
I.A NO.1069 OF 2019 IN O.S NO.205 OF 2019
BEFORE THE MUNSIFF'S COURT, KUTHUPARAMBA
EXHIBIT P16 A TRUE COPY OF THE WRITTEN STATEMENT IN O.S
NO.205 OF 2019 BEFORE THE MUNSIFF'S COURT,
KUTHUPARAMBA
EXHIBIT P17 A TRUE COPY OF THE ORDER NO.E.M(4)/
8247/2019/DGE/KDIS DATED 25-5-2020 ISSUED BY
THE ADDITIONAL DIRECTOR OF EDUCATION
(GENERAL), THIRUVANANTHAPURAM
EXHIBIT P18 A TRUE COPY OF THE NOTICE DATED 14-9-2021
ISSUED BY THE SECOND PETITIONER AND
SRI.K.T.JAYAPRAKASH TO THE MEMBERS OF THE
SOCIETY
EXHIBIT P18(A) A TRUE COPY OF THE LIST OF EXISTING MEMBERS
AS ON THAT DATE WITH POSTAL RECEIPTS IN
RESPECT OF NOTICES ISSUED TO THE SAID
MEMBERS
EXHIBIT P19 A TRUE COPY OF THE MINUTES OF THE GENERAL
BODY MEETING OF THE SOCIETY CONVENED ON 26-
9-2021
EXHIBIT P20 A TRUE COPY OF THE EXTRACT OF THE FILING
REGISTER IN RESPECT OF THE FIRST PETITIONER
SOCIETY WITH THE DISTRICT REGISTRAR,
(GENERAL) KANNUR AT THALASSERY EFFECTED ON
13-10-2021
EXHIBIT P21 A TRUE COPY OF THE APPLICATION DATED 29-9-
2021, SUBMITTED BY THE FIRST PETITIONER
SOCIETY BEFORE THE 4TH RESPONDENT
EXHIBIT P22 A TRUE COPY OF THE REPLY DATED 7-12-2021,
ISSUED BY THE 4TH RESPONDENT TO THE FIRST
PETITIONER SOCIETY
EXHIBIT P23 A TRUE COPY OF THE APPEAL DATED 27-3-2022
SUBMITTED BY THE FIRST PETITIONER BEFORE THE
SECOND RESPONDENT
EXHIBIT P24 A TRUE COPY OF THE ORDER
NO.EM4/5737/2022/DGE DATED 22-4-2022 ISSUED
BY THE SECOND RESPONDENT
EXHIBIT P25 A TRUE COPY OF THE ORDER DATED 7-5-2022
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P26 A TRUE COPY OF NOTICE DATED 6-4-2022
PURPORTEDLY ISSUED BY THE SECRETARY OF THE
SOCIETY UNDER ORDERS
EXHIBIT P27 A TRUE COPY OF THE PETITION FILED BY THE
FIRST PETITIONER ON 13-6-2022 BEFORE THE
REGISTRAR OF SOCIETIES, DISTRICT REGISTRAR
(GENERAL), KANNUR AT THALASSERY
EXHIBIT 27(A) A TRUE COPY OF THE HEARING NOTICE ISSUED BY
THE DISTRICT REGISTRAR (GENERAL), KANNUR AT
THALASSERY
EXHIBIT P28 A TRUE COPY OF THE MEMORANDUM OF REVISION
PETITION DATED 18-5-2022 FILED BY THE
RESPONDENTS NO.5 AND 6 (EXCLUDING THE
EXHIBITS) BEFORE THE FIRST RESPONDENT
EXHIBIT P29 A TRUE COPY OF THE HEARING NOTES DATED 27-6-
2022 SUBMITTED BY THE SECOND PETITIONER
(WITHOUT EXHIBITS) BEFORE THE FIRST
RESPONDENT
EXHIBIT P29(A) A TRUE COPY OF THE HEARING NOTES DATED 11-7-
2022 (WITHOUT EXHIBITS) SUBMITTED BY THE
SECOND PETITIONER
EXHIBIT P30 A TRUE COPY OF THE ORDER IN
NO.EM4/8247/2019/DGE DATED 25-6-2022 ISSUED
BY THE SECOND RESPONDENT
EXHIBIT P31 A TRUE COPY OF THE ORDER NO.B1/5300/2022/DEE
KNR DATED 12-7-2022, ISSUED BY THE 3RD
RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R6(C) A TRUE COPY OF THE JUDGMENT, DATED
18.10.2019 IN WA 1534 OF 2019
PETITIONER EXHIBITS
EXHIBIT P32 A TRUE COPY OF THE GO(RT) NO. 6067/2022/GEDN
DATED 21-10-2022 ISSUED BY THE FIRST
RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R6(D) A TRUE COPY OF THE REPRESENTATION, DATED
20.05.2019 GIVEN BY THE PETITIONER BEFORE
THE DIRECTOR OF PUBLIC INSTRUCTIONS
EXHIBIT R6(E) A TRUE COPY OF THE REPLY, DATED 09.03.2020
SUBMITTED BY THE 6TH RESPONDENT BEFORE THE
ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION
(GENERAL)
EXHIBIT R6(F) A TRUE COPY OF THE ORDER, DATED 25.05.2020
ISSUED BY THE ADDITIONAL DIRECTOR GENERAL OF
EDUCATION
EXHIBIT R6(G) A TRUE COPY OF THE JUDGMENT IN WA 955 OF
2020, DATED 28.07.2020 I
EXHIBIT R6(A) A TRUE COPY OF THE CONSTITUTION OF THE
EDUCATIONAL AGENCY APPROVED BY THE DEPUTY
DIRECTOR OF EDUCATION BY ORDER DATED
15.10.2015
EXHIBIT R6(H) A TRUE COPY OF THE PLAINT IN OS 205 OF 2019
BEFORE THE MUNISSIF'S COURT, KOOTHUPARAMBA
PETITIONER EXHIBITS
EXHIBIT R6(I) A TRUE COPY OF THE PLAINT IN OS 229 OF 2017
BEFORE THE MUNISSIF'S COURT, KOOTHUPARAMBA
RESPONDENT EXHIBITS
EXHIBIT R6(J) A TRUE COPY OF ORDER DATED 12.07.2022 PASSED
BY THE DEPUTY DIRECTOR OF EDUCATION, KANNUR
EXHIBIT R6(K) A TRUE COPY OF THE HEARING NOTE, DATED
23.07.2022 SUBMITTED BY THE RESPONDENTS NO.
5 AND 6 BEFORE THE GOVERNMENT
EXHIBIT R6(B) A TRUE COPY OF THE ORDER OF APPROVAL OF THE
6TH RESPONDENT AS MANAGER, DATED 05.12.2017
