Kerala High Court
V. Raji vs M/S. Sfs(P) Ltd on 17 March, 2025
Author: K.Babu
Bench: K. Babu
2025:KER:22744
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
OP(C) NO. 2895 OF 2018
AGAINST THE ORDER DATED 27.09.2018 IN OS NO.2355 OF
2016 OF I ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM
PETITIONER:
V. RAJI
S/O.VENUNATHAN, RESIDING AT 2A, OLIVE, SFS CYBER
PALMS, KARIMANAL.P.O., THIRUVANANTHAPURAM-695 583.
BY ADV SRI.B.KRISHNA MANI
RESPONDENTS:
1 M/S. SFS(P) LTD.,
A PRIVATE LIMITED COMPANY, REPRESENTED BY ITS
EXECUTIVE VICE PRESIDENT, MR.M. RAJAGOPAL, AGED
ABOUT 65, SFS (P) LTD., VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 010.
2 M/S. SFS CYBER PALMS ASSOCIATION,
REPRESENTED MR. RAJESH R. NAIR, AGED ABOUT 45
SENIOR MANAGER, SFS CYBER PALMS ASSOCIATION,
SFS (P) LIMITED, VELLAYAMBALAM,
THIRUVANANTHAPURAM 695010
3 M/S. CYBER PALMS APARTMENT OWNERS ASSOCIATION,
AN UNREGISTERED ASSOCIATION OF THE MEMBERS OF FIVE
APARTMENT'S BLOCKS NAMELY OLIVE, PEACH, CHERRY
IVORY AND SILVER AT KARIMANAL P.O.,
THIRUVANANTHAPURAM.
THE ASSOCIATION IF REPRESENTED BY SFS CYBER PALMS
ADHOC COMMITTEE, A COMMITTEE CONSTITUTED BY THE SFS
(P) LTD., AT KARIMANAL P.O.,
THIRUVANANTHAPURAM 695583
OP(C) NO. 2895 OF 2018 2025:KER:22744
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4 MR.M. RAJAGOPAL,
EXECUTIVE VICE PRESIDENT OF SFS (P), LIMITED AND
THE PRESIDENT OF SFS CYBER PALMS ASSOCIATION,
SKYLINE PLAZA OPPOSITE KPCC OFFICE, VELLAYAMBALAM
THIRUVANANTHAPURAM 695010
5 MRS. ANNIE PHILIP,
SENIOR VICE PRESIDENT MARKETING SFS (P), LIMITED,
SKYLINE PLAZA, OPPOSITE KPCC OFFICE, VELLAYAMBALAM,
SASTHAMANGALAM P.O., THIRUVANANTHAPURAM 695010
6 MR. SHAMEER.P.,
GENERAL MANAGER SFS (P) LTD., AND THE SECRETARY OF
SFS CYBER PALMS ASSOCIATION SKYLINE PLAZA, OPPOSITE
KPCC OFFICE, VELLAYAMBLAMA, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM 695010
7 RAJESH R. NAIR
SENIOR MANAGER, ACCOUNTS AND ADMINISTRATION, SFS
CYBER PALMS ASSOCIATION KARIMANAL P.O.,
THIRUVANANTHAPURAM 695583
8 MR. N. PRASANTHKUMAR,
MANAGER, ESTATE AND SERVICE, SFS CYBER PALMS
ASSOCIATION, KARIMANAL P.O.,
THIRUVANANTHAPURAM 695583
9 RAJENDRAN.V,
COMPANY SECRETARY, CRA-125, SANTHI NIVAS, KARIYAM,
SREEKARIYAM P.O., THIRUVANANTHAPURAM 695017
10 T.O. THOMAS,
OWNER FLAT NO. 12A I SILVER, SFS CYBER, PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
11 AJESH VISWAMBARAN,
OWNER, FLAT NO. 8B, CHERRY, SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
12 BENNY P.V.,
OWNER, FLAT NO. 7C, OLIVE, SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
13 MR. VENKAT SUBRAMONIAM, OWNER,
FLAT NO. 9D, PEACH, SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
OP(C) NO. 2895 OF 2018 2025:KER:22744
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14 MR. ABRAHAM.K. JOHN,
OWNER, FLAT NO. 7E, OLIVE, SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
15 MRS. YULIAY SHEEJAN,
OWNER, FLAT NO. 14B, IVORY, SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
16 MR. MAHESH KURUP,
OWNER, FLAT NO. 12C1 , SILVER SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
17 MRS. NEETHU VIPIN,
OWNER, FLAT NO. 12C1, IVORY IVORY, SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
18 MR. BALRAM,
OWNER, FLAT NO. 5E, IVORY OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
19 MR. ABRAHAM OOMMEN,
OWNER, FLAT NO. 8A, CHERRU OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
20 SMT. JAYANTHI V.,
OWNER, FLAT NO. PC., CHERRY OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
21 DR.T.K. CHANDY,
OWNER, FLAT NO. 7D, SILVER OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
22 SIMI S.S.
OWNER, FLAT NO. 16C, SILVER OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
23 ASHA ELIZABETH,
OWNER, FLAT NO. 6E, PEACH OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
24 PRAVEEN.M.,
OWNER FLAT NO. 5E, PEACH SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
25 MR. ANISH. R., PANICKER,
OWNER, FLAT NO. 8D, OLIVE, OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
OP(C) NO. 2895 OF 2018 2025:KER:22744
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26 MR. PRAVEEN G MOHAN,
OWNER FLAT NO. 4A, OLIVE OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
27 MR. SAM J PARAMBAN ,
OWNER, FLAT NO. 10A, CHERRU OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
28 MR. ANOOP KURIAN,
OWNER, FLAT NO. 15F, PEACH OF SFS CYBER PALMS,
KARIMANAL P.O., THIRUVANANTHAPURAM 695583
29 SS CYBER PALMS ADHOC
COMMITTEE, REPRESENTED BY MR. HAREENDRANATH FLAT
NO. 10C, CHERRY, SFS CYBER PALMS, KARIMANAL P.O.,
THIRUVANANTHAPURAM
30 DR. VIJAYAKUMAR,
S/O. BALAKRISHNA PILLAI, OWNER., FLAT NO. 12EI,
IVORY, SFS CYBER PALMS, KARIMANAL P.O.,
THIRUVANANTHAPURAM 695583
BY ADVS.
SURESH V
R.HARIKRISHNAN (H-308)
KIROSH RAJAN PONNAMBIL
M.R.ANANDAKUTTAN
SRI.MOHAN IDICULLA ABRAHAM
SRI.MARTIN D.ALUMKARA
SRI.RACHEL JOSEPH
G.SUDHEER(K/000467/1992)
SMRITHI S.S.(K/1674/2018)
BABU CHERUKARA(K/224/1980)
M.HEMALATHA(K/358/1977)
MAHESH ANANDAKUTTAN(K/1234/2004)
ANISHA EMERSON(K/000956/2017)
B.G.HARINDRANATH (SR.)(K/378/1984)
THIS OP (CIVIL) HAVING COME UP FOR FINAL HEARING ON
17.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 2895 OF 2018 2025:KER:22744
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K.BABU, J.
-------------------------------------------------------
O.P (C) No.2895 of 2018
--------------------------------------------------------
Dated this the 17th day of March, 2025
JUDGMENT
The challenge in this Original Petition is to Ext.P3 order
dated 27.09.2018 in I.A.No.4601/2017 in O.S.No.2355/2016
passed by the Additional Munsiff's Court-I,
Thiruvananthapuram.
2. The petitioner is plaintiff No.2 in the Original
Suit. The suit was filed to declare the election dated
26.11.2016 to the Managing Committee of defendant No.3
association (M/s. Cyber Palms Apartment Owners Association)
as void and for ancillary reliefs. The plaintiffs filed
I.A.No.4601/2017 to appoint an Advocate Commissioner to
notify, supervise, conduct and observe the formalities in the
election to the office bearers of the Managing Committee of
the Association and to declare the returned candidates.
3. The defendants also suggested to appoint an
Advocate Commissioner for that purpose. On 04.08.2017
Adv.B.Vasudevan Nair, a senior lawyer of
OP(C) NO. 2895 OF 2018 2025:KER:22744
Thiruvananthapuram Bar Association, was appointed as
Commissioner to conduct election. The Commissioner filed a
preliminary report.
4. One of the challenges raised in the suit was
that there could not be any election based on the existing bye-
laws. In the preliminary report, the Commissioner stated that
63 members participated in the meeting and majority of the
members supported the existing bye-laws and demanded for
election to the Managing Committee based on the existing
bye-laws. The plaintiffs filed an objection to the preliminary
report submitted by the Commissioner contending that only 63
members out of 533 members attended the meeting. They
also challenged the legality of the existing bye-laws.
5. The trial Court considered the rival
contentions. The materials placed before the Court would
reveal that the Commissioner sent notice of the preliminary
meeting in the e-mail address of all members and distributed
the notice in all apartments. 63 members attended the
meeting and most of them urged for conduct of election based
on the existing bye-laws. The trial Court observed that as the
bye-laws which were registered in accordance with the
OP(C) NO. 2895 OF 2018 2025:KER:22744
statutory provisions are still in force, the challenge of the
election raising the allegation of illegality on the bye-laws
would not stand. The trial Court further held that until and
unless the registered bye-laws are declared illegal by a
competent authority, the members of the Association are
bound by the bye-laws and the election shall proceed based on
the same. The trial Court took note of the fact that non-
existence of a duly elected Managing Committee for defendant
No.3 Association will cause hardship to the day to day affairs
and administration of the apartment complex.
6. It is brought to my notice that
W.P(C).No.8541/2017 challenging the registration of the
Association is pending before this Court. This Court has not
passed any interim order in the Writ Petition. In view of the
fact that the registered bye-laws followed in the administration
of the Association are still in force, I find no reason to interfere
with the decision of the trial Court directing the Commissioner
to proceed with the election as per the rules in the bye-laws.
The impugned order is not affected with any illegality or
impropriety warranting interference of this Court under Article
227 of the Constitution of India.
OP(C) NO. 2895 OF 2018 2025:KER:22744
7. The suit is of the year 2016. The trial Court
shall take earnest efforts to dispose of the matter as
expeditiously as possible.
The Original Petition lacks merits and it stands
dismissed.
Sd/-
K.BABU,
JUDGE
NM
OP(C) NO. 2895 OF 2018 2025:KER:22744
APPENDIX OF OP(C) 2895/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS.NO. 2355/2016
ON THE FILES OF THE 1ST ADDITIONAL MUNSIFF'S
COURT, THIRUVANANTHAPURAM
EXHIBIT P2 TRUE COPY OF THE I.A. NO. 4601/2017 IN
OS.NO. 2355/2016 ON THE FILES OF THE 1ST
ADDITIONAL MUNSIFF'S COURT,
THIRUVANANTHAPURAM
EXHIBIT P3 TRUE COPY OF THE ORDER IN I.A.NO. 4601/2017
DATED 27.9.2019 APPLIED FOR AND OBTAINED ON
9.10.2018
RESPONDENT EXHIBITS
EXHIBIT R1(a) TRUE PHOTOCOPY OF WITHDRAWAL MEMO, DATED
11.08.2017, FILED BY THE PETITIONER BEFORE
THE FIRST ADDITIONAL MUNSIFF'S COURT
THIRUVANANTHAPURAM.
EXHIBIT R1(b) TRUE PHOTOCOPY OF THE NOTICE DATED 28.11.2017
PUBLISHED IN "PRADEEPAM" DAILY
EXHIBIT R1(c) TRUE PHOTOCOPY OF THE ORDER DATED 14.09.2018
IN IA.1655/2018 OF THE FIRST ADDITIONAL
MUNSIFF'S COURT THIRUVANANTHAPURAM.
EXHIBIT R1(d) TRUE PHOTOCOPY OF MINUTES OF THE MEETING OF
THE AD-HOC COMMITTEE DATED 07.05.2016.
EXHIBIT R1(e) TRUE PHOTOCOPY OF EMAIL DATED 04.10.2016 SENT
TO THE OWNERS OF OLIVE APARTMENT BLOCK
EXHIBIT R1(f) TRUE PHOTOCOPY OF EMAIL DATED 22.10.2016
RECEIVED FROM THE PETITIONER
EXHIBIT R1(g) TRUE PHOTOCOPY OF THE MINUTES OF THE MEETING
OF THE AD-HOC COMMITTEE DATED 5.11.2016
EXHIBIT R1(h) TRUE PHOTOCOPY OF THE NOTICE DATED 10.11.2016
CONTAINING THE DRAFT BYE LAWS AND ELECTION
OP(C) NO. 2895 OF 2018 2025:KER:22744
NOTIFICATION, SENT ON BEHALF OF THE AD-HOC
COMMITTEE TO THE OWNERS OF VARIOUS APARTMENTS
BLOCKS
EXHIBIT R1(i) TRUE PHOTOCOPY OF THE LIST CONTAINING NAMES
OF THE CANDIDATES DATED 21.11.2016
EXHIBIT R1(j) TRUE PHOTOCOPY OF ORDER DATED 10.07.2018 OF
THE ADDITIONAL MUNSIFF'S COURT,
THIRUVANANTHAPURAM.
EXHIBIT R1(k) TRUE PHOTOCOPY OF INTERIM REPORT FILED BY THE
ADVOCATE COMMISSIONER, DATED 13.08.2018,
BEFORE THE FIRST ADDITIONAL MUNSIFF'S COURT,
THIRUVANANTHAPURAM
EXHIBIT R1(l) TRUE PHOTOCOPY OF THE REPORT OF THE ADVOCATE
COMMISSIONER, FILED BEFORE THE FIRST
ADDITIONAL MUNSIFF'S COURT,
THIRUVANANTHAPURAM
EXHIBIT-R11(a) TRUE COPY OF THE MINUTES OF THE MEETING DATED
07-05-2016
EXHIBIT-R11(b) TRUE COPY OF THE COMPUTER PRINTOUT OF THE
GENERAL BODY MEETING NOTICE SENT BY EMAIL TO
APARTMENT OWNERS
EXHIBIT-R11(c) TRUE COPY OF THE ELECTION BROCHURE PUBLISHED
BY THE PETITIONER
EXHIBIT-R11(d) TRUE COPY OF THE PUBLISHED POLL RESULT FOR
THE POST OF GENERAL SECRETARY DATED 26-11-
EXHIBIT-R11(e) TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 13-2-2017
EXHIBIT-R11 (f) TRUE COPY OF THE INTERIM REPORT FILED BY THE
ADVOCATE COMMISSIONER DATED 13-8-2018
EXHIBIT-R11 (g) TRUE COPY OF THE NOTICE DATED 2-11-2018
ISSUED BY THE ADVOCATE COMMISSIONER
