Kerala High Court
Pudunagaram Muslim Education And ... vs A.Muhammadali on 2 November, 2024
2024:KER:81558
O.P.(C). No.2018 of 2024 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
SATURDAY, THE 2ND DAY OF NOVEMBER 2024 / 11TH KARTHIKA, 1946
OP(C) NO. 2018 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 24.08.2024 IN OS NO.235
OF 2024 OF MUNSIFF COURT, CHITTUR
PETITIONERS/RESPONDENTS/DEFENDANTS:
1 PUDUNAGARAM MUSLIM EDUCATION AND CULTURAL
ASSOCIATION
REG. NO.S-10/83, PUDUNAGARAM, CHITTUR TALUK,
PALAKKAD REPRESENTED BY PRESIDENT,"
T.A.NOORMUHAMMED, PIN - 678503
2 T.A.NOORMUHAMMED
AGED 70 YEARS
S/O.ABDHUL KHADHAR, T.B.STREET, PUDUNAGARAM,
PALAKKAD, PRESIDENT, PUDUNAGARAM MUSLIM EDUCATION
AND CULTURAL ASSOCIATION, REG. NO.S-10/83,
PUDUNAGARAM, CHITTUR TALUK, PALAKKAD, PIN - 678503
3 PUDUNAGARAM MUSLIM EDUCATION AND CULTURAL
ASSOCIATION
REG NO.S-10/83, PUDUNAGARAM, CHITTUR TALUK,
PALAKKAD, REPRESENTED BY SECRETARY, A.K.MUHAMMED
HUSSAIN, PIN - 678503
4 A.K.MUHAMMED HUSSAIN
AGED 57 YEARS
S/O GHAFOOR M.H.S.S ROAD SECRETARY PUDUNAGARAM
MUSLIM EDUCATION AND CULTURAL ASSOCIATION REG NO.S-
10/83, PUDUNAGARAM, CHITTUR TALUK, PALAKKAD -,
PIN - 678503
BY ADVS.
K.MOHANAKANNAN
M.A.ZOHRA
2024:KER:81558
O.P.(C). No.2018 of 2024 :2:
RESPONDENT/S:
1 A.MUHAMMADALI
AGED 59 YEARS
S/O. ABDUL JABBAR, HASHIM MANZIL, NEAR MEENKADA
PALLI, PUTHUPPALLI STREET, PUDUNAGARAM, PALAKKAD
DISTRICT, PIN - 678503
2 RASOOL HAKH.S
AGED 59 YEARS
S/O.P.M.SULAIMAN, RASIYA MANZIL, CHINNAPPALLI
STREET, PUDUNAGARAM PALAKKAD DISTRICT, PIN - 678503
3 THOUFEEQ.N
AGED 36 YEARS
S/O.NAZEERUDHEEN, UNNAN CHATHAN STREET,
PUDUNAGARAM, PALAKKAD DISTRICT, PIN - 678503
4 ABUTHAHIR.N
AGED 38 YEARS
S/O.NIJAMUDHEEN, NIJAM MANZIL, PILATHUR,
PUDUNAGARAM, PALAKKAD DISTRICT, PIN - 678503
BY ADVS.
M. R. SASI
N.P.SILPA(K/471/2015)
KAVYA KRISHNAN(K/1848/2021)
S.SAJIT SANAL(K/001029/2022)
ARYA VALSAN(K/1718/2024)
THARANATH R.(K/002651/2024)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(C). No.2018 of 2024 :3:
VIJU ABRAHAM, J.
-- -- -- -- -- -- -- -- -- -- -- -- --
O.P.(C) No.2018 of 2024
-- -- -- -- -- -- -- -- -- -- -- -- --
Dated this the 2nd day of November, 2024
JUDGMENT
The above original petition is filed challenging Ext.P12 order.
2. The petitioners are the defendants in OS No.235/2024 of
the Munsiff's Court, Chittur, the suit instituted for permanent
prohibitory injunction restraining the defendants from electing the
new Managing Committee of Pudunagaram Muslim Educational
and Cultural Association, bearing Reg.No.S-10/83 except in
accordance with the bye law of the Association and after giving
membership and convening general body meeting in terms of the
bye-laws of the Association and for other reliefs. The
respondents/plaintiffs filed IA No.1643/2024 seeking a temporary
injunction order restraining the defendants from conducting any
election to the Managing Committee after it's expiry on 16.07.2024
without following the bye law and conducting the election properly.
An order of injunction was passed by the court as per Ext.P4 dated
03.07.2024. Later, the respondents/plaintiffs have filed IA
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No.1644/2024 seeking appointment of an Advocate Commissioner
to ascertain and report about the documents, minutes and registers
regarding the membership of the Association and the conditions
regarding the conduct of the election to the general body. They
also sought to complete the distribution of the membership to the
members of the Association before 07.07.2024 and to convene a
general body before 12.07.2024 in the presence of the Advocate
Commissioner and elect the office bearers and Managers and to file
a report. The Commissioner filed Ext.P6 report wherein it is
reported that he could not get the documents since it was in the
custody of the President and Secretary and they were not available
on 01.07.2024 at the time of the visit of the Commissioner.
Thereupon the respondents/plaintiffs filed an application as IA
No.1865/2024 to advance the hearing of the suit which was posted
on 14.08.2024. Another application, IA No.1866/2024 was filed
seeking for an injunction restraining the defendants from operating
the accounts of the Association. Yet another petition was filed as
I.A.No.1867/2024 seeking for a direction to produce certain
documents. The trial court advanced hearing of the suit and
Ext.P12 order was passed in IA No.1644/2024 directing the
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Commissioner, to conduct election as per the bye-law and filed a
report on or before 07.01.2025. The petitioners submit that the
said order has been passed in a hasty manner and after advancing
the hearing of the suit, totally overlooking the Commissioner's
report which shows that the memberships were not distributed and
the files could not be verified. Based on Ext.P12 order, hasty steps
are being taken by the Advocate Commissioner to conduct the
election. It is aggrieved by the same that the petitioners have
approached this Court.
3. The petitioners would contend that an order in the nature
of Ext.P12 amounts to granting final reliefs in the suit, without
permitting the petitioners to file a written statement and it is
contended that the petitioners have time till 07.01.2025 to file the
written statement. The specific case of the petitioners is that no
notice was issued to them regarding the advancement of the
hearing and without the same, the petitioners were set ex parte in
the proceedings. The petitioners also contend that the suit was
posted to 14.08.2024 and the same was advanced and Ext.P12
order was passed without giving an opportunity to them to file their
objection or to produce the details of the election already
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conducted, the members and the names and details of the office
bearers.
4. The learned counsel for the respondents based on the
counter affidavit submits that even though the Advocate
Commissioner contacted the president and the secretary, they did
not make any arrangement to produce the records sought for by
the Advocate Commissioner for inspection. It is also contended that
the petitioners herein failed to produce the documents sought to be
produced before the Court and also to co-operate with the
Advocate Commissioner to inspect the documents and minutes of
the association and that the respondents were constrained to file
the suit for the reason that those persons who were eligible to get
membership of the association were denied the same and without
giving membership to them that the petitioners were attempting to
conduct the election. The learned counsel for the respondents
further submits that in Ext.P13, the eligible persons could take
membership in between 20.05.2024 and 30.05.2024, but by
Ext.P16 proceedings dated 21.05.2024 draft voters list was
published with the existing members and that it is in the said
circumstance that the respondents were constrained to approach
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the civil court seeking appropriate reliefs.
5. Heard the rival contentions on both sides.
6. The case of the petitioners is that the advancement of the
hearing of the case was without notice to them. Though in Ext.P12
order there was an endorsement that the respondents(petitioners
herein) are ex parte, the learned counsel for the petitioners would
submit that they were never set ex parte. Yet another aspect to be
considered is that by Ext.P12, the Advocate Commissioner was
directed to conduct election as per the bye law and to file a report
in this regard. It is pertinent to note that the specific case of the
respondent/plaintiff is that election shall be conducted only after
giving membership to all eligible persons and that the election
should be conducted in accordance with the bye law. It is true that
the board of the managing committee took charge on 17.07.2021
and the term got expired on 16.07.2024 and the elections are to be
conducted without any delay. It is to be seen that Ext.P12 order has
been issued without granting any opportunity to the petitioners to
file their objection to the same. Therefore, Ext.P12 order is set
aside with a consequential direction to the Munsiff's Court, Chittur
to reconsider I.A.No.1644/2024 in O.S.No.235/2024 with notice to
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the petitioners and after granting an opportunity to file their
objection, if any. A fresh decision in this regard shall be taken
without much delay.
With the above said directions, the original petition is
disposed of .
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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APPENDIX OF OP(C) 2018/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS 235/2024 OF
THE MUNSIFF'S COURT, CHITTUR DATED 28-6-
Exhibit P2 TRUE COPY OF THE THE BYE-LAW OF THE
SOCIETY, REG.NO.S-10/83 DATED 22-10-2011
Exhibit P3 TRUE COPY OF AFFIDAVIT AND PETITION FILED
IN IA 1643/2024 IN OS 235/2024 DATED 28-
6-2024 OF MUNSIFF'S COURT, CHITTUR
Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE
MUNSIFF'S COURT, CHITTUR IN IA 1643/2024
IN OS 235/2024 DATED 3-7-2024
Exhibit P5 TRUE COPY OF THE AFFIDAVIT AND PETITION
FILED IN SUPPORT IN IA 1644/2024 IN OS
235/2024 DATED 28-6-2024
Exhibit P6 TRUE COPY OF COMMISSION REPORT DATED 12-
7-2024 FILED BY THE COMMISSIONER
Exhibit P7 TRUE COPY OF THE AFFIDAVIT AND PETITION
IN IA 1865/2024 IN OS 235/2024 DATED 23-
7-2024 OF MUNSIFF'S COURT, CHITTUR
Exhibit P8 TRUE COPY OF THE AFFIDAVIT AND PETITION
FILED IN SUPPORT OF IA 1866/20242024 IN
OS 235/2024 DATED 23-7-2024
Exhibit P9 TRUE COPY OF THE IA 1867/2024 IN OS
235/2024 OF MUNSIFF'S COURT DATED 23-7-
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Exhibit P10 TRUE COPY OF PETITION FOR SEEKING TIME
FOR FILING OBJECTIONS TO THE COMMISSION
APPLICATION AS IA 1903/2024 DATED 26-7-
2024 IN OS 235/2024 OF MUNSIFF'S COURT
Exhibit P11 TRUE COPY OF THE OBJECTION FILED BY THE
PLAINTIFFS DATED 29-7-2024 IN IA
1903/2024 DATED 26-7-2024
Exhibit P12 TRUE COPY OF THE ORDER IN IA 1644/2024 IN
OS 235/2024 DATED 24-8-2024 OF MUNSIFF'S
COURT, CHITTUR
RESPONDENT EXHIBITS
Exhibit R1(a) A true copy of the report dated
12.07.2024 submitted by the advocate
commissioner in I. A 1644/2024 in O.S
Exhibit R1(b) A true copy of I.A. 1643/2024 in O.S 235
of 2024 with the Final order on
02.08.2024 in the said I. A on the file
of Learned Munsiff Chittur
Exhibit R1(c) A true copy of the letter dated
01.07.2024 given to respondents 2 and 4
Exhibit R1(d) A true copy of the acknowledgement card
in respect of Exhibit R1(c) notice
Exhibit R1(e) A true copy of mass representation dated
13.09.2024 given by the members of the
four Mahals
Exhibit R1(f) A true copy election notification dated
09.09.2024
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Exhibit R1(g) A TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER AND OTHERS TO THE 4TH
PETITIONER DATED 01.06.2024
