M.Krishnadas vs Sharaffudheen
2025 Latest Caselaw 5874 Ker

Kerala High Court

M.Krishnadas vs Sharaffudheen on 21 August, 2025

Author: Anil K.Narendran

Bench: Anil K.Narendran

WA NO. 1934 OF 2025                    1            2025:KER:63238



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                   &

            THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

   THURSDAY, THE 21ST DAY OF AUGUST 2025 / 30TH SRAVANA, 1947

                          WA NO. 1934 OF 2025

        AGAINST THE ORDER DATED 25.07.2025 IN WP(C) NO.15688 OF 2025

OF HIGH COURT OF KERALA


APPELLANT/2ND RESPONDENT:

            M.KRISHNADAS
            S/O.LATE KUTTIKRISHNAN NAIR, MELEPPURATH HOUSE,
            P.O.MEZHATHUR, THRITHALA PALAKKAD DISTRICT,
            PIN - 679534.

            BY ADV SMT.SIJI ABRAHAM


RESPONDENTS/PETITIONERS AND 1ST RESPONDENT:

    1       SHARAFFUDHEEN
            AGED 66 YEARS
            S/O.LATE K.V.MUHAMMED, KALLIVALAPPIL HOUSE, THRITHALA,
            PALAKKAD, PIN - 679534.

    2       SYED ASHRAFF
            AGED 69 YEARS
            S/O.S.S.HUSSAIN, NEEDOM, THRITHALA, PALAKKAD,
            PIN - 679534.

    3       NAZEERA K.V
            AGED 53 YEARS
            D/O.K.V.SAYED MUHAMMED, KALLIVALAPPIL HOUSE,
            THRITHALA, PALAKKAD, PIN - 679534.

    4       THE DIRECTOR OF GENERAL EDUCATION
            OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
 WA NO. 1934 OF 2025                2               2025:KER:63238



          VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN - 695014.


          BY ADVS.
          SRI.SREEDHAR RAVINDRAN
          SRI.P.RAVINDRAN (SR.)
          SHRI.M.R.SABU
          SMT.LAKSHMI RAMADAS
          SMT.APARNA RAJAN



OTHER PRESENT:

          SRI. B. UNNIKRISHNA KAIMAL, SR. GP


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.08.2025,
THE COURT ON 21.08.2025 DELIVERED THE FOLLOWING:
 WA NO. 1934 OF 2025                     3                  2025:KER:63238




                                JUDGMENT

Muralee Krishna S., J.

The 2nd respondent in W.P.(C)No.15688 of 2025 filed this writ

appeal under Section 5(i) of the Kerala High Court Act, 1958,

challenging the interim orders dated 25.07.2025 and the previous

orders dated 10.07.2025, 19.06.2025, 29.05.2025, including the

initial interim order dated 11.04.2025 passed by the learned

Single Judge, in that writ petition.

2. W.P.(C)No.15688 of 2025 is one filed by respondents 1

to 3 herein under Article 226 of the Constitution of India, seeking

the following reliefs:

"i) call for the records leading to Ext.P13 and quash the same by issue of a writ of certiorari;

ii) Issue a writ in the nature of mandamus commanding the 1 st respondent to strictly act in terms of Exts.P10 & P11 judgment of this Hon'ble Court and not to pass any orders pursuant to Ext.P13 contrary to the direction of this Hon'ble Court in Exts.P10 & P11 judgment;

iii) issue any other such writ, order or direction as this Hon'ble Court may deem fit and necessary in order to meet the ends of justice in the facts and circumstances of the instant case;"

3. Going by the averments in the writ petition, the case WA NO. 1934 OF 2025 4 2025:KER:63238

of respondents 1 to 3 is that they were admitted as members of

Thrithala Education Society, which is a society registered in

accordance with the provisions of the Societies Registration Act,

which is the educational agency of the Thrithala Higher Secondary

School. Pursuant to dispute among members, litigations arose,

and this Court by Ext.P10 judgment dated 23.02.2021 in W.P.(C)

No. 20572 of 2017, required the Deputy Director of Education to

ascertain membership of the society and conduct election of

Manager of the school. The Deputy Director rendered an order

holding that the appellant, as well as respondents 1 to 3, are not

members of the society. As regards respondents 1 to 3, though it

was found that they have remitted admission fees for

membership, there are no records available to show their actual

induction as members. As to the claim of the appellant, it was

found possible that he is not a member of the society.

3.1. Respondents 1 to 3 have filed W.P.(C) No.5140/2023

challenging this order. Instead of challenging the order of the

Deputy Director, the appellant made a representation to the Chief

Minister and then obtained a direction to the 4th respondent to

consider the request for approval of his appointment as Manager WA NO. 1934 OF 2025 5 2025:KER:63238

by a nonexistent committee. On coming to know about this,

respondents 1 to 3 submitted a representation pointing out the

pendency of W.P.(C) No.5140/2023 and also the fact that Ext.P12

order dated 27.01.2023 of the Deputy Director achieved finality

as far as the appellant is concerned. Respondents 1 to 3 are

constrained to approach this Court with the writ petition, because

they apprehend that there is every possibility of the 4th respondent

being pressurised into passing an order in favour of the appellant.

4. On 11.04.2025, when the writ petition came up for

admission, the learned Single Judge passed the following order.

"Admit.

Government Pleader takes notice for the 1 st respondent. Issue urgent notice by speed post to the 2nd respondent. There will be an interim order staying further proceedings pursuant to Ext.P13, for a period of two months. Post along with W.P.(C)No.5140 of 2023."

5. On 29.05.2025, the learned Single Judge passed the

following order:

"The learned Government Pleader seeks and is granted two weeks time for filing the counter affidavit and one week thereafter for filing the reply affidavit.

Post on 23.06.2025.

Interim order is extended till the next posting date."

6. On 19.06.2025, the learned Single Judge extended the WA NO. 1934 OF 2025 6 2025:KER:63238

interim order till 10.07.2025, granting two weeks' time to the

learned Government Pleader as a last chance to file the counter

affidavit.

7. On 10.07.2025, the learned Single Judge passed the

following order in the writ petition:

"Ms Sarojini K G learned Government Pleader submits that the counter affidavit is being filed today, and a copy of the same shall be furnished to the learned Counsel for the petitioner during the course of the day. Learned Counsel for the petitioner is granted one week to file a reply, if any, to the counter affidavit. Post the writ petition on 25.07.2025. The interim order is extended till then. It is made clear that any attempt on behalf of the petitioner to take adjournment on the date of posting shall result in the vacation of the interim order operating in this writ petition."

8. On 25.07.2025, the learned Single Judge extended the

interim order by one month and posted the case to 22.08.2025.

Thereafter, the appellant/2nd respondent approached this Court

with the instant writ appeal.

9. Heard the learned counsel for the appellant/2nd

respondent, the learned Senior Counsel for respondents 1 to

3/writ petitioners and the learned Senior Government Pleader.

10. The learned counsel for the appellant would submit that WA NO. 1934 OF 2025 7 2025:KER:63238

in the writ petition, the appellant had filed Annexure A3 I.A.No.1

of 2025 under Article 226(3) of the Constitution of India, to vacate

the interim order. However, the learned Single Judge chose to

extend the interim stay by the subsequent orders dated

29.05.2025, 19.06.2025, 10.07.2025 and 25.07.2025, without

affording the appellant an opportunity of hearing or to advance

arguments against the continuation of the stay. Hence, the

appellant approached this Court.

11. On the other hand, the learned Senior Counsel for

respondents 1 to 3 and the learned Senior Government Pleader

would submit that no serious effort was made by the appellant to

convince the learned Single Judge of the necessity of hearing the

matter, though he filed an application seeking vacating of the

interim order.

12. From the materials on record, we notice that initially,

the interim order was granted by the learned Single Judge on

11.04.2025, and the same was extended on the subsequent

posting dates. It is also gatherable from Annexure A3 document

that the appellant has filed I.A.No.01 of 2025 dated 05.05.2025,

in the writ petition under Article 226(3) of the Constitution of WA NO. 1934 OF 2025 8 2025:KER:63238

India, praying to vacate the interim order dated 11.04.2025. It is

during the pendency of that interlocutory application, the interim

order was extended, which according to the appellant is without

hearing him.

13. Having considered the pleadings and materials on

record, and submissions made at the Bar, we are of the opinion

that the appellant can move an application for early hearing of the

writ petition before the learned Single Judge to consider and pass

orders in Annexure A3 interlocutory application dated 05.05.2025

filed by the appellant under Article 226(3) of the Constitution of

India. We are sure that in case any such urgency is pointed out by

the appellant, the learned Single Judge will consider the same

appropriately.

Sd/-

ANIL K.NARENDRAN, JUDGE

Sd/-

                                  MURALEE KRISHNA S., JUDGE
DSV
 WA NO. 1934 OF 2025               9              2025:KER:63238






PETITIONER'S ANNEXURES

Annexure A1         CERTIFIED COPY OF THE INTERIM ORDER DATED

25.07.2025 IN WPC NO. 15688 OF 2025 ON HIGH COURT.

Annexure A2 TURE COPY OF THE ORDER DATED 10.07.2025 PASSED IN WPC NO. 15688 OF 2025 Annexure A2(a) CERTIFIED TRUE COPIES OF THE ORDERS DATED 19.06.2025 IN WP(C) NO. 15688 OF 2025.

Annexure A2(b) TRUE COPY OF THE ORDERS DATED 29.05.2025 IN WP(C) NO. 15688 OF 2025.

AnnexureA2(c) TRUE COPY OF THE ORDERS DATED 11.04.2025 IN WP(C) NO. 15688 OF 2025.

Annexure A3 TRUE COPY OF THE I.A. NO. 1/2025 IN WPC 15688 OF 2025 FILED BY THE APPELLANT TO VACATE THE STAY.

Annexure A4 TRUE COPY OF THE GENERAL BODY MEETING DATED 18.09.2024.

Annexure A5 THE MINUTES OF THE GOVERNING BODY MEETING DATED 18.09.2024.

Annexure A6 TRUE COPY OF THE NOTIFICATION DRGPKD/1157/2024-G3 ISSUED BY THE DISTRICT REGISTRAR, PALAKAAD ON 24.08.2024.