Advocate K. Gopinathan vs Sree Narayana Trust
2024 Latest Caselaw 13672 Ker

Kerala High Court

Advocate K. Gopinathan vs Sree Narayana Trust on 27 May, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                &

        THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

     MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946

                   CON.CASE(C) NO. 2750 OF 2023

AGAINST THE JUDGMENT DATED IN SP.JC NO.3 OF 2020 OF HIGH COURT
OF KERALA

PETITIONER/S:


            ADVOCATE K. GOPINATHAN
            AGED 92 YEARS
            S/O LATE KOCHUKRISHNAN CHANNAR, ' SREERANGOM',
            PUTHUPPALLY SOUTH P.O. KAYAMKULAM, ALAPPUZHA PIN-,
            PIN - 690527
            BY ADV BEPIN VIJAYAN




RESPONDENT/S:


    1       SREE NARAYANA TRUST
            REPRESENTED BY IT'S SECRETARY K. NATESAN ALIAS
            VELLAPPALLY NATESAN, S.N. TRUST OFFICE, KOLLAM., PIN
            - 691001
    2       K. NATESAN ALIAS VELLAPPALLY NATESAN
            MANAGER, S.N.TRUST, S.N. TRUST OFFICE, KOLLAM, PIN -
            691001
    3       K. NATESAN ALIAS VELLAPPALLY NATESAN
            AGED 82 YEARS
            S/O KESAVAN, VELLAPPALLIL HOUSE, MARARIKULAM NORTH
            VILLAGE, KANICHUKULANGARA P. O ; CHERTHALA,
            ALAPPUZHA, PIN - 688544
 Cont.Case (C).No.2750/2023

                             -:2:-




    4     ADVOCATE CHERUNNIYOOR V. JAYAPRAKASH
          AGED 74 YEARS
          S/O VAMADEVAN, AKAASH, MUNDIYIL, VARKALA P.O;
          THIRUVANANTHAPURAM., PIN - 695141
          BY ADVS.
          A.N.RAJAN BABU
          M.BALAGOVINDAN
          P.GOPALAKRISHNAN (MVA)(K/932/2000)
          A.R.EASWAR LAL(K/133/2008)
          LAL KUMAR N.(K/2014/2021)
          SABEEL P.A.(K/000202/2019)




     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Cont.Case (C).No.2750/2023

                                   -:3:-




                            JUDGMENT

Dated this the 27th day of May, 2024

A.Muhamed Mustaque, J.

This Court had only dealt with the issue relating to modification

of the scheme approved by this Court in respect of Sree Narayana

Trust. This Court by judgment dated 13/1/2023 had permitted

modification of the scheme by incorporating a new clause. If there is

any violation of the newly incorporated clause, the remedy in such

matters would lie before the District Court which has to ensure that

the imperative of the clause is enforced and, further, it is for the

District Court to find out if any conflict is existing regarding permitting

any office bearers to continue in the office of the Trust, and pass

orders thereon. No contempt would lie in such matters. Accordingly,

the contempt case is closed.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE

ms

APPENDIX OF CON.CASE(C) 2750/2023

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE JUDGMENT IN SPJC

Annexure A2 TRUE COPY OF THE ELECTION NOTIFICATION DATED 6-8-2023