R. Manikuttan and others v. Registrar, Nair Service Society (NSS) and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN** **MONDAY, THE 26[TH] DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945** ## **OP(C) NO. 2275 OF 2023** **AGAINST THE ORDER/JUDGMENT OS 46/2022 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, KATTAPPANA** ## **PETITIONERS/PETITIONERS/PLAINTIFFS:** - **1 R.MANIKUTTAN, AGED 62 YEARS, S/O. LATE RAGHAVAN NAIR, RESIDING AT "SANTHIVILA", AMAYAR KARA, VANDANMEDU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN – 685554.** - **2 A.K.SUNIL KUMAR, AGED 53 YEARS, S/O. RADHAKRISHNA NAIR, ATHIPALLIL HOUSE, ADIMALI KARA, MANNAMKANDAM VILLAGE, DEVIKULAM TALUK, PIN – 685613.** - **3 K.V.VISWANADHAN, AGED 62 YEARS, S/O.KUTTAPPAN NAIR, VANDANATH HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE,IDUKKI TALUK, PIN – 685508.** - **4 G.GOPALAKRISHNAN, AGED 53 YEARS, S/O.GOPINATHA PILLAI, NILACKAL HOUSE,PAMPADUMPARA KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK, PIN – 685554.** - **5 T.PRADEEP, AGED 52 YEARS, S/O. THANKAPPAN NAIR, PUTHIYAVEETTIL HOUSE, SANNIYASIODA KARA, PAMPADMPARA VILLAGE, UDUMBANCHOLA TALUK, PIN – 685554.** - **6 K.KRISHNAN NAIR, AGED 46 YEARS, S/O. KRISHNANKUTTY NAIR, KRISHNANIVAS HOUSE, AMARAVATHY KARA, KUMILY VILLAGE, PEERMADE TALUK, PIN - 685531** - **7 M.K.SASIDHARAN NAIR, AGED 71 YEARS, S/O.KRISHNAN NAIR,CHIRAKKARA HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK., PIN – 685612.** HEADNOTE -: 2 :- - **8 SABU P.G., AGED 61 YEARS, S/O. GOPALA PILLAI, AMBADI HOUSE, 4TH MILE, CHINNAR P.O., ELAPPARA VILLAGE, PEERMADE TALUK, PIN – 685531.** - **9 P.G.RAVEENDRANATH, AGED 56 YEARS, S/O.GOPINATHAN NAIR, PUTHENPURACKAL HOUSE, NEDUMKANDAM KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, PIN – 685554.** - **10 T.K.ANILKUMAR, AGED 51 YEARS, S/O. KRISHNAN NAIR, THENGAND HOUSE, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK., PIN – 685554.** - **11 RATHEESH S. PRASANNAN, AGED 39 YEARS, S/O PRASANNAKUMAR, BLOCK NO.599, CHOTTUPARA KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, PIN - 685554** - **12 K.G.VASUDEVAN NAIR, AGED 68 YEARS, S/O.GOPALAN NAIR, KOROTH HOUSE, SANTHIGRAM KARA, ERATTAYAR VILLAGE, UDUMBANCHOLA TALUK, PIN - 685554** - **13 M.R.CHANDRASEKHARAN NAIR, AGED 68 YEARS, S/O.RAMAN NAIR, VEVANKAROTTU HOUSE, CHEMPAKAPPARA KARA, ERATTAYAR VILLAGE, UDUMBANCHOLA TALUK, PIN - 685554** - **14 T.S.PRADEEPKUMAR, AGED 59 YEARS, S/O.SIVANPILLAI, THEKKEKARA HOSUE, VAGAMON P.O., ELAPPARA VILLAGE, PEERMADE TALUK, PIN – 685531.** - **15 G.SIVASANKARAN NAIR, AGED 69 YEARS, S/O.GOPALAPILLAI, BLOCK NO.177, MUNDIYERUMA KARA, PARATHODE VILLAGE, UDUMBANCHOLA TALUK, PIN - 685554** **BY ADVS. DINESH R.SHENOY** **P.ROHIT PREMANANDAN SHENOY SILESH S. PRABHU JOMOL PIUS HELAN PAULOSE** ## **RESPONDENTS/RESPONDENTS/DEFENDANTS:** HEADNOTE -: 3 :- - **1 P.G. PRASAD, S/O GOPINATHAN NAIR, PULICKAL HOUSE, KADAMAKKUZHY P.0., KATTAPPANA VILLAGE, LDUKKI TALUK, PIN – 685612.** - **2 S. ANILKUMAR, S/O SASIDHARAN NAIR, ANIL NIVAS, MARAYOOR P.O., MARAYOOR VILLAGE, DEVIKULAM TALUK, PIN - 685613** - **3 AKHIL KRISHNAN, S/O GOPALAKRISHNAN NAIR, KRISHNAVILASOM, MARAYOOR P. 0., MARAYOOR VILLAGE, DEVIKULAM TALUK, PIN – 685613.** - **4 C.R. VASUDEVAN NAIR, S/O RAMAN NAIR, CHERUVALLIL HOUSE, BALAGRAM P.0., 3RD CAMP, KARUNAPURAM VILLAGE, °UDUMBANCHOLA TALUK, PIN – 685554.** - **5 K. K. RAVEENDRAN NAIR, S/O KESAVAKURUP, ANANDABHAVANAM, RAJAKUMARY SOUTH P. 0., RAJAKUMARY VILLAGE IN UDUMBANCHOLA TALUK, PIN - 685554** - **6 P. B. PRABHAKARAN NAIR, S/O BHASKARAN NAIR, PULINTHURUTHIL HOUSE, ARUVILAMCHAL P.0., RAJAKUMARY VILLAGE, UDUMBANCHOLA TALUK., PIN - 685554** - **7 K. N. SUKUMARAN NAIR, S/O NARAYANAN NAIR, KIZHAKKAYIL HOUSE, KALVARI MOUNT P. 0., THANKAMANI VILLAGE, IDUKKI TALUK, PIN - 685612** - **8 P.G. BINOJ, S/O GOPINATHAN NAIR, PULICKAL HOUSE, KADAMAKKUZHY P.O., KATTAPPANA VILLAGE, IDUKKI TALUK, PIN – 685612.** - **9 THE KARAYOGAM REGISTRAR, NAIR SERVICE SOCEITY (NSS), PERUNNA, CHANGANASSERY, KERALA, PIN - 686102** - **10 NAIR SERVICE SOCIETY (N.S.S.), COMPANY INCORPORATED UNDER COMPANIES ACT HAVING ITS HEAD OFFICE AT PERUNNA, CHANGANASSERY, KERALA REPRESENTED BY ITS TREASURER, HAVING HIS OFFICE AT N.S.S. HEAD QUARTERS, PERUNNA, CHANGANACHERY, KOTTAYAM DISTRICT, PIN - 686102** HEADNOTE -: 4 :- - **11 THE HIGHRANGE TALUK N.S.S. UNION NO.2891, NEDUNKANDAM P.O., HAVING REPRESENTED BY ITS PRESIDENT, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN – 685553.** - **12 KATTAPPANA N.S.S. KARAYOGAM, REG. NO. 2794 REPRESENTED BY ITS SECRETARY M.P.SASIKUMAR, S/O.G. PARAMESSWARAN NAIR, AGED 61 YEARS, RESIDING AT MULLACKAL HOUSE, PARAKKADAVU KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN – 685511.** - **13 RAVINDRAN NAIR, S/O. VELAYUDHAN NAIR, AGED 67, RESIDING AT MADATHIL HOUSE, KANCHIYAR KARA, KANCHIYAR VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN – 685511.** - **14 K.G. SUDARSHAN NAIR, S/O.GOPALAKRISHNAPILLAI, AGED 51 YEARS, RESIDING AT KRISHNAVILASAM HOUSE, VANDANMEDU VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT, PIN – 685551.** - **15 T.N. PURUSHOTHAM, S/O.NARAYANAN NAIR, AGED 64 YEARS, HOUSE AT THAZHATHUVETTIL HOUSE, ALADI, CHAPPATH P.O., AYYAPPANKOVIL VILLAGE, IDUKKI DISTRICT, IDUKKI TALUK, PIN – 686503.** - **16 J JAYAKUMAR, S/O JANARDHANAN NAIR, AGED 50 YEARS, RESIDING AT NARNBOZHIL HOUSE, NARIAMPARA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685511** - **17 KURUVIKKANAM N.S.S. KARAYOGAM, REG. NO. 5352, REPRESENTED BY ITS SECRETARY, K. SIVASANKARA PIL1AI, RESIDING AT DEEPA BHAVAN HOUSE, KURUVIKKANAM KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **18 N.S.S. KARAYOGAM, ADIMALI REG. NO. 3896, REPRESENTED BY ITS SECRETARY L.C. SUKUMARAN NAIR, S/O.P.CHELLAPPAN NAIR, RESIDING AT LAKSHMI VILASARN HOUSE, ADIMALI KARA, ADIMALI VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685561** HEADNOTE -: 5 :- - **19 VAGAMON NSS KARAYOGAM, REG.NO.3631, REP. BY ITS SECRETARY C.T.SIVAN PILLAI, AGED 59, S/O.THANKAPPAN PILLAI, RESIDING AT CHARAKUZHIYIL HOUSE, VAGAMON KARA, VAGAMON VILLAGE, PEERUMADE TALUK, IDUKKI DISTRICT, PIN - 685503** - **20 N.S.S. KARAYOGAM, EZHUKUMVAYAL REG. NO. 3747, REPRESENTED BY ITS SECRETARY C.K. KRISHNANKUTTY NAIR, AGED 63 YEARS, RESIDING AT CHELACHUVATTIL HOUSE, KOUNTHI KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN – 685553.** - **21 N.S.S. KARAYOGAM, SANYASIYODA REG. NO. 5314, REPRESENTED BY ITS SECRETARY VIKRAMAN PILLAI K.R., AGED 53 YEARS, S/O RAGHAVAN PILLAI, RESIDING AT PARVATHI MANDIRAM HOUSE, SANYASIYODA KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN – 685552.** - **22 PUSHPAKANDAM NSS KARAYOGAM, REG.NO.4421, REP. BY ITS SECRETARY G.REGHUNATHAN PILLAI, AGED 55, S/O.GOPALA PILLAI, RESIDING AT THADATHARIKATHU HOUSE, PUSHPAKANDAM KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **23 SASTHA VILASAM N.S.S KARAYOGAM, LABBAKKADA REG. NO. 3823, REPRESENTED BY ITS SECRETARY, VIJAYAKUMAR K.S., AGED 57, S/O SUKUMARAN NAIR, KADALUMPARAYIL HOUSE, LABBAKKADA KARA, THOPPIPPALA P.O., KANCHIYAR VILLAGE, LDUKKI TALUK, IDUKKI DISTRICT, PIN - 685511** **24 MANNAM SATHABDI MEMORIAL N.S.S. KARAYOGAM MOONKIPPALLAM, REG.NO.3406, REPRESENTED BY ITS SECRETARY RAJAGOPALAN P.M. S/O VELAYUDHAN NAIR, AGED 60, VELAYUDHA VILASAM HOUSE, MANTHIPARA KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, LDUKKI DISTRICT, PIN - 685551** HEADNOTE -: 6 :- - **25 BHARATH KESARI MEMORIAL NSS KARAYOGAM, CHETTUKUZHY, REG.NO.3990, REP.BY ITS SECRETARY P.C.SADASIVAN, S/O. KRISHNA PILLAI, AGED 55, RESIDING AT PUTHUPURAMBIL HOUSE, CHETTUKUZHY KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** - **26 P.SUNIL KUMAR, S/O.PARAMESWARA PANICKER, RESIDING AT PUTHANVEEDU CHETTUKUZHY KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PRESIDENT BHARATH KESARI MEMORIAL NSS KARAYOGAM, CHETTUKUZHY, REG.NO.3990., PIN - 685551** - **27 KUNCHITHANNI NSS KARAYOGAM, REG.NO.2517, REP. BY ITS SECRETARY, V.A.SAHADEVAN PILLAI, S/O.BHASKARA PILLAI, AGED 65, RESIDING AT PUTHENPURACKAL HOUSE, CHITHIRAPURAM KARA, PALLIVASAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685565** - **28 ANAVILASAM N.S.S. KARAYOGAM REG. NO. 4809 SECRETARY, RAJENDRAKUMAR, S/O SREEDHARAN NAIR, AGED 56 YEARS, ANEESH V.M. RESIDING AT VELLIYEPLACKAL HOUSE, ANAVILASAM KARA, ANAVILSAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685535** - **29 MANNAM MEMORIAL N.S.S. KARAYOGAM, CHEMPAKAPPARA, REG. NO. 2934, REP. BY ITS SECRETARY MANOJKUMAR P.G., AGED 47 YEARS. S/O K.K. GOPINATHAN PILLAI, PALAKKADU THEKKETHIL HOUSE, KOCHUKAMAKSHI KARA, THANKAMANI VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685510** - **30 DEVIVILASAM NSS KARAYOGAM, CHEENTHALAR, REG.NO.2827, REP. BY ITS SECRETARY, RAJENDRAKUMAR, S/O.SREEDHARAN NAIR, AGED 56, RESIDING AT VALLORATHU HOUSE, UPPUTHARA KARA, UPPUTHARA P.O., UPPUTHARA VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN - 685505** - **31 KALLARKUTTY N.S.S. KARAYOGAM, REG. NO. 4131, REPRESENTED BY ITS SECRETARY SOORYADEVI, AGED 39 YEARS, W/O VINAYACHANDRAN, RESIDING AT JAYA NIVAS HOUSE, THOTTAPPURA KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, LDUKKI DISTRICT, PIN - 685562** HEADNOTE -: 7 :- - **32 N.S.S. KARAYOGAM, PUTTADY REG. NO. 3503, REPRESENTED BY ITS SECRETARY MANOJ T.R., S/O RAMAKRISHNAN NAIR, AGED 47 YEARS, RESIDING AT THADATHILANKAL HOUSE, PUTTADY KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** - **33 NETTITHOZHU N.S.S. KARAYOGAM REG. NO.5163, REPRESENTED BY ITS PRESIDENT M. MOHANAN NAIR @ KOCHERA MOHANAN NAIR S/O MADHAVAN 'AIR. AGE 66, RESIDING AT KANNOLIL HOUSE, PUTTADY KARA, ANAKKARA VILLAGE. UDUMBANCHOLA TALUK, PIN - 685551** - **34 K.P.NEELAKANDAN NAIR, S/O.PADMANABHAN NAIR, RESIDING AT MYLAPPALLIL HOUSE, PUTTADY KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, SECRETARY NETTITHOZHU NSS KARAYOGAM REG.NO.5163, PIN - 685551** - **35 ERATTAYAR NORTH NSS KARAYOGAM REG.NO.5353, REP. BY ITS SECRETARY, JAYAPRAKASH K.C., AGED 51, S/O.CHANDRAN PILLAI, RESIDING AT KAVANAL HOUSE, RAJAKANDOM P.O., RAJAKANDOM KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685510** - **36 SREERAMAVILASAM N.S.S. KARAYOGAM KAMAKSHI THANKAMANI REG.NO.2784, REPRESENTED BY ITS SECRETARY BHUVANENDRAN NAIR, AGED 46 YEARS, S/O KRISHNAN NAIR, RESIDING AT THOTTATHIL HOUSE, PRAKASH P.O., NEELIVAYAL KARA, THANKAMANI VILLAGE, LDUKKI TALUK, IDUKKI DISTRICT, PIN - 685515** - **37 A.J. REVEENDRAN, S/O GOPALAN NAIR, RESIDING AT PUTHUPALLIKUNNEL HOUSE, THANKAMANI P.O., THANKAMANI VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT PRESIDENT SREERAMAVILASAM N.S.S. KARAYOGAM REG. NO.2784 KAMAKSHI THANKAMANI, PIN - 685515** HEADNOTE -: 8 :- - **38 MANIKANDA VILASAM N.S.S. KARAYOGAM, RAJAKANDOM REG. NO. 2764, REPRESENTED BY ITS SECRETARY JAYAPRAKASH K.C., AGED 51 YEARS, S/O CHANDRAN PILLAI, RESIDING AT KAVANAL HOUSE, RAJAKANDOM P.O., RAJAKANDOM KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, LDUKKI DISTRICT, PIN - 685551** - **39 SREE MAHAGANAPATHY VILASAM NSS KARAYOGAM, VANDANMEDU, REG.NO.4991, REP.BY ITS SECRETARY A.ANEESH, S/O.AYYAPPANPILLA, AGED 40, LAKSHMI VILASAM HOUSE, VANDANMEDU KARA, VANDANMEDU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** - **40 SREE KRISHNA VILASAM N.S.S. KARAYOGAM, KALTHOTTY, REG. NO. 3035, REPRESENTED BY ITS SECRETARY M.P. GOPALAKRISHNAN NAIR, AGED 70 YEARS, S/O PARAMESWARAN NAIR, RESIDING AT MAZHAVANNOOR HOUSE, KALTHOTTY P.O. MEPPARA KARA, KANCHIYAR VILLAGE, IDUKKI TALUK, LDUKKI DISTRICT, PIN – 685507.** - **41 MANNAM SATHABDI MEMORIAL N.S.S. KARAYOGAM CHAKKUPALLAM REG.NO.3548, REPRESENTED BY ITS PRESIDENT AJIKUMAR C, S/O CHANDRANPILLA, AGE 49, ANITHAMANTHIRAM HOUSE, PAMPUPARA KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** - **42 SANTHIGRAM N.S.S. KARAYOGAM REG. NO.3897, REPRESENTED BY ITS SECRETARY, K.P. RAJASEKHARAN PILLAI, S/O GOPALA PILLAI, AGED 62 YEARS, KOICKAL HOUSE, SANTHIGRAM KARA, ERATTAYAR VILLAGE, UDUMBANCHOLA TALUK, LDUKKI DISTRICT, PIN - 685510** - **43 MANNAM MEMORIAL NSS KARAYOGAM, PANDIPPARA, REG.NO.3612, REP. BY ITS SECRETARY SAJI G., AGED 44, S/O.GONVINDA PILLAI, RESIDING AT SAJI BHAVANAM HOUOSE, PANDIPPARA KARA, PANDIPPARA P.O., THANKAMAM VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685515** HEADNOTE -: 9 :- |**44**|**SREE VIDHYADHIRAJA NSS KARAYOGAM, UPPUKANDOM,**| |---|---| ||**NATHUKALLU, REG.NO.5362, REP. BY ITS**| ||**SECRETARY, MOHANAN NAIR, S/O.GOPALAN NAIR,**| ||**AGED 63, RESIDING AT KOROTHU HOUSE, UPPUKANDOM**| ||**KARA, UPPUKANDOM P.O., ERATTAYAR VILLAGE,**| ||**UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN -**| ||**685510**| |**45**|**N.S.S. KARAYOGAM, COMBAYAR REG. NO. 5180,**| ||**REPRESENTED BY ITS SECRETARY RAJESH M.R., AGED**| ||**42 YEARS, S/O RAMACHANDRAN NAIR, RESIDING AT**| ||**MUTTAMBALATHU HOUSE, COMBAYAR KARA, PARATHODU**| ||**VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT,**| ||**PIN - 685552**| |**46**|**NSS KARAYOGAM, PAMPADUMPARA REG.NO.2708,**| ||**REP.BY ITS SECRETARY P.A.HARIDASAN PILLAI,**| ||**AGED 62, S/O.ACHUTHAN PILLAI, RESIDING AT**| ||**PUTHENMADATHIL HOUSE, KOUNTHI KARA,**| ||**PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK,**| ||**IDUKKI DISTRICT, PIN - 685553**| |**47**|**SREE SIVA VILASAM NSS KARAYOGAM, KANTHOLLOOR,**| ||**NATHUKLALLU, REG.NO.4315, REP. BY ITS**| ||**PRESIDENT N.MOHANAN NAIR, AGED 65 YEARS,**| ||**S/O.NARAYANA PILLAI, RESIDING AT HIMA NIVAS**| ||**HOUSE, KOVILKADAVU KARA, KANTHANALLOOR**| ||**VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN**| ||**- 685620**| |**48**|**GIRIJA VILASAM N.S.S. KARAYOGAM, AYYAPPANCOIL,**| ||**REG. NO.1763, REPRESENTED BY ITS SECRETARY**| ||**K.G. VIJAYAKUMAR, AGED 46 YEARS, S/O GOPALAN**| ||**NAIR, RESIDING AT KIZHAKKEKARA HOUSE,**| ||**MARYKULAM KARA, AYYAPPANCOIL P.O.,**| ||**AYYAPPANCOIL VILLAGE, LDUKKI TALUK, LDUKKI**| ||**DISTRICT, PIN – 685507.**| |**49**|**T.S. GOPINATHAN, S/O SANKARA PILLAI, RESIDING**| ||**AT THEEMPALLIKUNNEL HOUSE, MATTUKATTA KARA,**| ||**AYYAPPANCOIL VILLAGE, IDUKKI TALUK, LDUKKI**| ||**DISTRICT, PRESIDENT GIRIJA VILASAM N.S.S.**| ||**KARAYOGAM, AYYAPPANCOIL, REG. NO. 1763, PIN -**| ||**685507**| HEADNOTE -: 10 :- - **50 SREE DEVIVILASAM N.S.S. KARAYOGAM, KANCHIYAR, REG. NO. 2791, REPRESENTED BY ITS SECRETARY, DILEEPKUMAR, AGED 45 YEARS, S/O CHELLAPPAN, RESIDING AT VATTAMAKKAL HOUSE, PEZHUMKANDAM KARA, KANCHIYAR P.O., KANCHIYAR VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685511** - **51 AMARAVATHY SARASWATHI VILASAM N.S.S. KARAYOGAM REG. NO. 2747, REPRESENTED BY ITS PRESIDENT, C.M MOHANAN PILLAI, S/O MAHADEVAN PILLAI, AGED 61 YEARS, RESIDING AT CHAKKALAMURIYIL HOUSE, AMARAVATHY KARA, KUMILY VILLAGE, PEERMADU TALUK, IDUKKI DISTRICT, PIN - 685509** - **52 VATSALA SASIKUMAR, W/O MB SASIKUMAR, AGED 60 YEARS, MULLAYACKAL HOUSE, PARAKKADAV KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **53 GEETHA SURESH, W/O K.K. SURESH, RESIDING AT KUNNEL HOUSE, KUNTHALAMPARA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **54 DEEPA PRAKASH, W/O PRAKASHAN, MULLASSERIL HOUSE, PULIYANMALA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **55 VINODINI VISWANATHAN, W/O K.V.VISWANATHAN, VANDANATH HOUSE, PARAKKADAV KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **56 MADHU T.S, THENGANAMANNIL HOUSE, PARAKKADAV KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **57 MEENAKSHIAMMA, W/O. PARAMESWARAN NAIR, AGED 70 YEARS, ANIVELIL HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **58 PRASANNA, WLO PRASANNAN, MULLASSERIL HOUSE, PULIYANMALA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN – 685508** - **59 RASHMI SREEKUMAR, W/O.V.R SREEKUMAR, PUTHURETH HOUSE, KUNTHALAMPARA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** HEADNOTE -: 11 :- - **60 USHA BALAKRISHNAN, W/O.BALAKRISHNAN, MALIYECKAL HOUSE, CIRCLE JUNCTION KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685515** - **61 SINDHU G NAIR, W/O.GIRISHAN K., CHITTIKOT HOUSE, PARAKKADAV KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **62 A. RADHAKRISHNAPANICKAR, S/O. AYYAPPAN PILLAI, UMANIVAS HOUSE, MUNNAR KARA, MUNNAR VILLAGE, DEVIKULAM TALUK, LDUKI DISTRICT, PIN - 685612** - **63 VINOD KUMAR S., S/O SURENDRANATHAN NAIR, AGED 48 YEARS, VINOD VIHAR HOUSE, MUNNAR KARA, MUNNAR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685612** - **64 DINESH G., S/O GOPALAKRISHNAN, AGED 54 YEARS VIRNDAVANAM HOUSE, BALAGRAM KARA, PAMPADUMPARA VILLAGE, UDURNBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **65 K. K. NARAYANAN NAIR, S/O KRISHNAN PILLAI, KALLAMPARAMBIL HOUSE, KURUVIKANAM KARA, KARUNAPURAM VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **66 RAJEEV V.R., S/O RADHAKRISHNAN, VATTUPARAKUNNEL HOUSE, UPPUTHODU KARA, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685604** - **67 GEETHA KUMARI P.M., W/O N. VENUKUMAR, AGED .55 YEARS, VRINDAVANAM HOUSE, UDUMPANCHOLA KARA, UDUMPANCHOLA VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685554** - **68 K S BABU, S/O SUDHAKARAN NAIR, KAYAPLAKKAL HOUSE, CHEMPPAKAPPARA KARA, ERATTAYAR VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685514** - **69 K G SANTHOSH, S/O.GOPALAKARISHAN NAIR, KUMPALANKAL HOUSE, UPPUTHOD KARA, UPPUTHOD VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685604** - **70 R SURESH, S/O K.P. RAJU, GEETHALAYAM HOUSE, NEDUNKANDAM KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN – 685553** HEADNOTE -: 12 :- - **71 N. VENUKUMAR, S/O K.P. NARAYANAPILLA, VRINDAVANAM HOUSE, UDUMPANCHOLA KARA, UDUMPANCHOLA VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685554** - **72 CHANDRASEKARAN NAIR, S/O KRISHNAN PILLAI, AGED 59 YEARS, ABHINIVAS HOUSE, HOUSE, KALLAR KARA, PAMPADUMPARA VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **73 BABU K., S/O KARUNAKARAN NAIR, MATTAPALLIKUNNEL HOUSE, UPPUTHODU KARA, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685604** - **74 UPPUTHODE N.S.S. KARAYOGAM, REG. NO. 5099, REPRESENTED BY ITS SECRETARY, SUNIL V.S. S/O SREEDHARAN NAIR, AGED 42 YEARS, RESIDING AT VELAMKANDATHIL HOUSE, UPPUTHODE KARA, UPPUTHODE VILLAGE IDUKKI DISTRICT, PIN - 685604** - **75 MUNNAR N.S.S. KARAYOGAM, REG. NO. 4381 REPRESENTED BY ITS SECRETARY, S.R. SHAJI S/O RAGHAVAN NAIR, AGED 54 YEARS, RESIDING AT NANDHANAM HOUSE, DEVIKULAM KARA, KOH VILLAGE, DEVILCULAM TALUK, LDUKKI DISTRICT, PIN-685613** - **76 BYSONVALLEY N.S.S. KARAYOGAM, REG. NO. 4805SECRETARY P.S. RAJAN, SLO SREEDHARAN NAIR, AGED 52 YEARS, RESIDING AT PUTHOOR HOUSE, BYSONVALLEY KARA, BYSONVALLEY VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685565** - **77 RAJESHKUMAR, S/O GANGADHARN NAIR, KAVULLATHIL HOUSE, VELLARAMKUNNE KARA, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT., PIN - 685535** - **78 SOMASEKHARAN NAIR, S/O SIVARARNAN PILLA, THEKUMKATTIL PUTHENPURACKAL HOUSE, ROSAPOOKANDARN KARA, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT,, PIN - 685509** - **79 SUMESH LAL K.K., S/O KARUNAKARAN NAIR, KARUNABHAVAN HOUSE, CHATTUPARA KARA, ADIMALI VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT., PIN - 685561** HEADNOTE -: 13 :- - **80 SREEDEVI S. LAL, W/O SANTHOSH, AGED 49 YEARS, MADHUNILAYAM HOUSE, KUZHIKANDAM KARA, KARUNAPRUAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** - **81 DIVAKARAN PILLA P.S., S/O.N SANKARAPILLA, AGED 69 YEARS, PUTHUPARAMBIL HOUSE, THEKKADI KARA, KUMILY VILLAGE, PEERUMAD TALUK, IDUKKI DISTRICT, PIN - 685509** - **82 MANIKANDAVIJAN R., S/O BALAN NAIR, 59 YEARS, SUMANGALI HOUSE, CHATTUPARA KARA, ADIMALI VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685561** - **83 V.P SEETHARAMAKURUP, S/O PARAMESWARAN PILLA, AGED 67 YEARS, VALLOOR HOUSE, PRAKANDAM KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685553** - **84 M.S VENUGOPALAN NAIR, S/O N G SANKARAN NAIR, SANKARABHAVANAM HOUSE, THANIMOODU KARA, NEDUMKANDOM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685553** - **85 PRASAD T S., S/O SIVARARNAN NAIR, AGED 52 YEARS, THOTTUPURATHU HOUSE, VELLARAMKUNNE KARA, KUMILY VILLAGE, PEERMADE TALUK, IDUKKI DISTRICT, PIN - 685535** - **86 JAGATHAMBIKA SATHYAN, W/O. SATHYAN, AGED 54 YEARS, MANAYIDATHMYALIL HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **87 KR MADHUSOODHANAN NAIR, S/O G RAMAKRISHNAN NAIR, AGED 59 YEARS, ATHIRA BHAVAN HOUSE, PAMPUPARA KARA, VANDANMEDU VILLAGE, UDUMBNCHOLA TALUK, LDUKKI DISTRICT, PIN - 685508** - **88 K MURALEEDHARAN PILLA, S/O KESAVEN PILLA, AGED 72 YEARS, SREENILAYAM HOUSE, MANIYAMPARA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685551** - **89 SAJEEV R NAIR, S/O RADHAKRISHNAN NAIR, AGED 45 YEARS, PUTHENPURACKAL HOUSE, NEDUMKANDOM KARA, KALKOONTHAL VILLAGE, UDUMBNCHOLA TALUK, IDUKKI DISTRICT, PIN - 685553** HEADNOTE -: 14 :- - **90 ARUNKUMAR K.A., S/O SURESH, AGED 30 YEARS, KIZHAKKEKOCHUPARAMBIL HOUSE, PATHINIPPARA KARA, PAMPADUMPARA VILLAGE, UDUMBNCHOLA TALUK, IDUKKI DISTRICT, PIN - 685553** - **91 GEENTHA HARIDAS, W/O. P.K. HARIDAS, AGED 52 YEARS, PADINJARAYIL HOUSE, RAJAMUDI KARA, UPPUTHODU VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685604** - **92 B CHANDRAN NAIR, S/O BHASKARAN, AGED 67 YEARS, THADATHIL HOUSE, PAMPADUMPARA KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK, LDUKKI DISTRICT, PIN - 685553** - **93 T.R. RAVIPRASAD, S/O RAMAKRISHNA NAIR, AGED 66 YEARS, PRANAVAM HOUSE, AMAYAR KARA, VANDENMADU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** - **94 C. V. MADHUSOODANAN NAIR, S/O VELAYUDHAN NAIR, AGED 58 YEARS, CHEMBRAMTHANATHU HOUSE, PAMPADUMPARA KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685553** - **95 SREEKUMAR B., S/O BHASKARAN NAIR, AGED 48 YEARS, THADATHIL HOUSE, PAMPADUMPARA KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** - **96 SARAN NADH, S/O GOPINATHAN NAIR, AGED 27 YEARS, THAKADIYEL HOUSE, KADASIKADAVU, PAMPADUMPARA KARA, UDUMBANCHOLA TALUK., IDUKKI DISTRICT, PIN - 685551** - **97 SYAMALA DEVI R., D/O RAGAHAVAN NAIR, AGED 58 YEARS, ATHIRA BHAVANAM HOUSE, PAMPADUMPARA KARA, VANDENMEDU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** - **98 SARASAMMA SURESH, W/O SURESH BABU C R, AGED 52 YEARS, CHAKKAMPARAMBIL HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **99 RAJESH KUMAR P.P., S/O PARAMESWARAN PILLA, AGED 35 YEARS, PONAVILAYIL HOUSE, RAMAKALRNEDU KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** HEADNOTE -: 15 :- - **100 RAGHU V R., S/O RAJAPPAN NAIR, AGED 63 YEARS, VILLOONNIKKAL HOUSE, BISON VALLEY KARA, BISON VALLEY VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685565** - **101 VIJAYAN C.M., S/O MADHAVAN NAIR, AGED 63 YEARS, CHENATTU HOUSE, 200 ACRE KARA, ADIMALY VILLAGE, DEVIKULARN TALUK, IDUKKI DISTRICT, PIN - 685561** - **102 MAHESH P.N., S/O NARAYANAN NAIR, AGED 46 YEARS, PULICKAL HOUSE, ADIMALY VILLAGE, DEVIKULARN TALUK, IDUKKI DISTRICT, PIN - 685561** - **103 SATHEESH T., S/O THANKAPPAN NAIR, AGED 37 YEARS, NADURNATTATHIL HOUSE, RAMAKALMEDU KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, LDUKKI DISTRICT, PIN - 685552** - **104 A UNNIKRISHNAN NAIR, S/O ACHUTHAN NAIR, AGED 63 YEARS, BLOCK NO. 381, CHOTTUPARA KARA, PARATHODU VILLAGE, UDURNBANCHOLA TALUK, LDUKKI DISTRICT, PIN – 685552.** - **105 GIRISHKUMAR B NAIR, S/O.BHADRAN PILLA, AGED 45 YEARS, MULLACKAL HOUSE, RAMAKALMEDU KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **106 SARATHCHANDRAKUMAR, S/O RAMACHANDRAN NAIR, AGED 36 YEARS, BLOCK NO. 698, RAMAKALMEDU KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **107 SURESH BABU C.R., S/O RAMAKRISHNA PILLA, AGED 59 YEARS, CHAKKAMPARAMBIL HOUSE, KATTAPPANA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **108 BINDHU PRASHANTH, S/O GOPALAN NAIR, AGED 58 YEARS, VETTIKUZHIKAVALA, KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **109 VISWANATHAN NAIR, S/O GOPALAN NAIR, AGED 58 YEARS, VETTIKUZHIKAVALA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** HEADNOTE -: 16 :- - **110 MADHUSOODHANAN NAIR N.N., S/O NARAYANAN NAIR, AGED 53 YEARS, NALUTHAICKAL HOUSE, BISON VALLEY KARA, BISON VALLEY VILLAGE, UDUMBANCHOLA TALUK,IDUKKDISTRICT, PIN - 685565** - **111 K N RADHKRISHNAN, S/O THANKAPPANPILLA, AGED 51 YEARS, KALARICKAL HOUSE, CHOTTUPARA KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, LDUKKI DISTRICT, PIN - 685552** - **112 GIRISH T.S., S/O SUKUMARAN NAIR, AGED 41 YEARS, THOTTATHIL HOUSE, RAMAKALMEDU KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **113 SHIBU S NAIR, S/O.SIVARAMAN NAIR, AGED 52 YEARS, MULLACKAL HOUSE, RARNAKALMEDU KARA, KARUNAPURARN VILLAGE, UDUMBANCHOLA TALUK, LDUKKI DISTRICT, PIN - 685552** - **114 T.N. SASIKUMAR, S/O MADHAVAN NAIR, AGED 60 YEARS, THEKKEKARA HOUSE, VAGAMON KARA, VAGAMON VILLAGE, PEERUMEDE TALUK, IDUKKI DISTRICT, PIN - 685503** - **115 OMANAKUMARI, W/O. VISWANANDHAN NAIR, AGED 55 YEARS, ARIKUZHATHADATHIL HOUSE, KATTAPANA VILLAGE IDUKKI DISTRICT, PIN – 685508** - **116 VIJAYANPILLA V., S/O VELAPPAN NAIR, AGED 49 YEARS, KOKKARAYIL HOUSE, CHOTTUPARA KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **117 SALINI BIJU, W/O BIJU AGED 42 YEARS, THOTTUPURATHU HOUSE, PEZHUMKAVALA KARA, KATTAPPANA VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT, PIN - 685508** - **118 GOPINATHAPILLA V.J., S/O JANARDHANAN PILLA, AGED 76 YEARS, GOPICHANDRAM HOUSE, 200 ACRE KARA, ADIMALY VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685561** - **119 GIREESAN G., S/O GOPALAKRISHNAN NAIR, AGED 45 YEARS, GOKULAM HOUSE, RARNAKALMEDU KARA, KARUNAPURAM VILLAGE, UDUMBANCHOLA TALUK, LDUKKI DISTRICT, PIN - 685552** HEADNOTE -: 17 :- - **120 GOPALAKRISHNAN NAIR T.A., S/O SIVARAMAN NAIR, AGED 55 YEARS, THAZHATHEDATHU HOUSE, CHOTTUPARA KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **121 ATHUL K MURALEEDHARAN, S/O MURALEEDHARANPILLA, AGED 29 YEARS, KOCHUPURACKAL HOUSE, RAMAKALMEDU KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **122 THANKAMMA T.K., W/O RAJENDRA KUMAR, AGED 55 YEARS, VALLANATHU HOUSE, UPPUTHARA KARA, UPPUTHARA VILLAGE, PEERUMADE TALUK, IDUKKI DISTRICT, PIN - 685505** - **123 K R RAVIKUMAR, S/O RAMAKRISHNAN PILLA, AGED 61 YEARS, KOTTARATHIL HOUSE, ADIMALY KARA, ADIMALY VILLAGE, DEVIKULAM TALUK, LDUKKI DISTRICT, PIN - 685561** - **124 SUKUMARIAMMA RAVINDRAN NAIR, W/O RAVINDRAN NAIR, AGED 75 YEARS, THEKKEPEROOR HOUSE, BALAGRARN KARA, PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685552** - **125 K.R. SOMAN, S/O RAMAKRISHNAN NAIR, AGED 55 YEARS, KARAKUNNEL HOUSE, CHEMPALARN P.O., PAMPADUMPARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685553** - **126 JITHASREE, D/O PRABHAKARAN NAIR, AGED 42 YEARS, SWARSWATHY BHAVAN HOUSE, CBEMPAKAPARA KARA, ERATTAYAR VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN – 685514** - **127 S RAJENDRAN NAIR, S/O SIVARAMAPILLA, AGED 58 YEARS, KATTANCHALIL HOUSE, KALKOONTBAL KARA, KALKOONTHAL VILLAGE, UDURNBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685553** - **128 R JAYAKUMAR, S/O.K RAMACHANDRAN, AGED 54 YEARS, ANANDHANILAYAM HOUSE, ANAKKARA KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685551** HEADNOTE -: 18 :- **BY ADVS. R.T.PRADEEP M.K.RAVI N.ANJALI ANIL D.KARTHA ANANTHAKRISHNAN A. KARTHA(K/001032/2016) ANANTHASANKAR A. KARTHA(K/000565/2022)** **THIS O.P. (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **JUDGMENT** ## **Dated this the 26[th] day of February, 2024** **A suit for declaration and injunction, both prohibitory and mandatory, was sought to be amended by the plaintiffs, after the entire evidence was over and arguments were addressed by the plaintiffs. The same was dismissed vide Ext.P1 order, which is under challenge in this Original Petition. The suit pertains to election to the N.S.S. Taluk Union, High Range, Idukki.** **2. The plaintiffs claimed to be office bearers of the said Taluk Union, having been elected to various offices on 07.04.2019. Though the tenure of the office is for three years, the bye-laws of the Taluk Union permit the existing office bearers to continue in office, until a new Committee is duly elected and assume charge. The declaration sought for is to that effect. The prohibitory injunction was to restrain the defendants including the 9[th]** **O.P.(C)No.2275 of 2023** -: 2 :- **defendant/Registrar from causing any obstruction to the plaintiffs in the discharge of their functions and duties, until the duly elected Committee takes charge. The third relief is more relevant in the context, which is for a mandatory injunction directing the 9[th] defendant to conduct elections to the N.S.S. Taluk Union, High Range, in accordance with the bylaws of the Union. By virtue of Ext.P9 application for amendment, an additional relief is sought to be incorporated, which is also for a mandatory injunction directing the 9[th] defendant/Registrar, either to conduct elections or to give appropriate directions to the Secretary of the Taluk Union to conduct elections of the Union 'Prathinidhis'(representatives) from the various Karayogams coming under the Taluk Union within a time frame fixed by the court. Ext.P9 application was resisted on various grounds, which was accepted** **O.P.(C)No.2275 of 2023** -: 3 :- **by the learned Sub Judge to refuse the amendment sought for.** **3. Heard Sri.Dinesh R.Shenoy, learned counsel for the petitioners; Sri.Anil D.Kartha, learned counsel for respondents 9 and 10 and Sri.R.T.Pradeep, learned counsel for the 5[th] respondent.** **4. Learned counsel for the petitioners urged that there are 86 Karayogams affiliated to the Taluk Union, High Range, Idukki and that at the time of filing the suit, as many as 75 Karayogams were eligible to take part in the election to the Taluk Union, since the prathinidhis from each Karayogam were duly elected at that time. However,** _**pendente lite,**_ **the tenure of the Union prathinidhis in 43 Karayogams got expired; elections to three other Karayogams are yet to be approved by the 9[th]** **O.P.(C)No.2275 of 2023** -: 4 :- **defendant, with the result, 40 Karayogams are deprived of their valuable right of representation, as also, to vote in the Taluk Union General Body and in the Committee. According to the learned counsel, the 9[th] defendant/Registrar is duty bound to conduct elections to the Karayogams, as well. He is acting in an arbitrary manner, so as to wreck vengeance upon those Karayogams, who themselves got impleaded in the suit pursuant to a publication under Order I, Rule 8, whereas, elections to other Karayogams are being conducted. According to the learned counsel, elections to the Karayogams is a** _**sine qua non**_ **for granting the main relief sought for in the suit, namely, a mandatory injunction to conduct elections to the Taluk Union, since prathinidhis (representatives) from Karayogams are required to be elected for the same. Thus, the amendment sought for is essential for determining** ## **O.P.(C)No.2275 of 2023** -: 5 :- **the real controversy in the suit. The same would neither alter the nature and character of the suit; nor cause any prejudice to the respondents. On the aspect of due diligence, in the context of the Proviso to Order VI, Rule 17, it is submitted that the delay was occasioned for the reason that the expiry of the tenure of Union prathinidhis took place on various dates during the pendency of the suit. In this regard, it was also contended that the embargo by virtue of the proviso to Order VI, Rule 17 would not restrict, the power of the court in any manner, except placing a reasonable restraint, as held by this Court in Lakshmi v. Yatheendradas [2020 (2) KLT 549]. On the question of allowing an amendment of pleadings occasioned due to changed circumstances and subsequent events, learned counsel relied upon Nair Service Society Limited v. Rev. Father K.C.Alexander [AIR 1968 SC** **O.P.(C)No.2275 of 2023** -: 6 :- **1165] and Shikhar Chand Jain v. Digamber Jain Praband Karini Sabha [1974 SC 1178]. Learned counsel would conclude by submitting that the relief for elections to Karayogams, which is now sought to be incorporated, is implicit in the relief for mandatory injunction directing elections to the Taluk Union as per the original plaint. The new relief became necessary to be incorporated only on account of the subsequent events, which took place** _**pendente lite,**_ **besides being only in expansion of the existing pleadings and the reliefs contained in the plaint. It was urged that to do substantial justice between the parties and also to obviate the necessity of a further litigation, the amendment sought for deserves to be allowed. Learned counsel would fervently submit that the suit, its original prayers and also the prayer sought to be incorporated, are** _**bonafide**_ **and** **O.P.(C)No.2275 of 2023** -: 7 :- **necessary to ensure that democratic practices prevail in the governance and administration of the various bodies of the Nair Service Society and also to prevent oppression meted out by the 9[th] respondent/Registrar, who is having effective control over the various bodies,** _**dehors**_ **the provisions contained in the by-laws of the Union, as also, the separate by-laws for the Karayogams.** **5. Refuting the above submissions, learned counsel for the respondents would first submit that the amendment sought for is squarely hit by the Proviso to Order VI, Rule 17. The amendment was sought for, not merely after the commencement of the trial, but also, after its conclusion and even after the final hearing of the counsel for the plaintiffs, as also, the counsel for those defendants, who support the plaintiffs were over. All what remained was the** **O.P.(C)No.2275 of 2023** -: 8 :- **hearing on behalf of the defendants. The amendment sought for is highly belated and is liable to be dismissed on that ground alone. On the question of due diligence, it was submitted that the plaintiffs, who claimed to be the Office Bearers of the Taluk Union, cannot be heard to contend that they were not aware of the dates on which the tenure of the Union prathinidhis elected from Karayogams would expire. As early as when the written statement was filed, it was pointed out by the defendants, especially the 9[th] defendant, that for effecting election to the Taluk Union, High Range, Idukki, elections to various Karayogams are required to be conducted. This was a fact, which was known to the plaintiffs even otherwise, in their capacity as professed in the plaint. However, for reasons known on the petitioners/ plaintiffs, they have done precious little to seek reliefs, so** **O.P.(C)No.2275 of 2023** -: 9 :- **as to ensure the conduct of elections to the Karayogams, so as to enable elections to the Taluk Union. There was no due diligence exercised; nor is there any acceptable explanation for the inordinate delay in seeking the amendment, is the submission made. It was then pointed out that the amendment sought for is substantial in nature, which would alter the character and nature of the suit and the existing reliefs. Another argument mooted by the learned counsel for the respondents is with respect to the impact and consequences of the amendment sought for, if the amendment is allowed. In respect of a suit, the conduct of which is practically over, the amendment, if allowed, will necessitate a** _**de novo**_ **trial. In expansion, learned counsel would point out that the whole proceedings will have to be re-started from the stage of filing an additional written statement; taking out a fresh** **O.P.(C)No.2275 of 2023** -: 10 :- **publication under Order I, Rule 8; completion of pleadings of the newly impleaded parties; adducing further evidence, etc. Such an amendment was rightly rejected by the learned Sub Judge, is the submission made.** **6. Learned counsel for the respondents would thereafter urged that a mandatory injunction is liable to be issued to a person only when he is obliged to perform a duty, as envisaged, in Section** **39 of the Specific Relief Act. Here, the Registrar/9[th] respondent, who is sought to be directed to conduct the elections is not the person authorised and empowered to do so, as per the byelaws of the Karayogam. It is the General Body of Karayogam, which is responsible for conduct of elections and the N.S.S. Inspectors have to monitor** **O.P.(C)No.2275 of 2023** -: 11 :- **it, as per Ext.A5 circular produced before the trial court. The Inspectors are in effect responsible to conduct elections, who are not parties to the subject suit, for which reason also, the amendment sought for cannot be allowed. According to the learned counsel, conduct of election to each individual Karayogam is a separate cause of action available to such Karayogams and its members and the plaintiffs do not have any** _**locus**_ **to mandate the same. On the question whether the proposed amendment is required for determining the real controversy in the suit, it was pointed out that elections to Taluk Union can be conducted as per Clause 44 of the bye-laws of the Union, if there is a quorum of 25 or 1/4[th] of Karayogams, whichever is less. Even if, all the claims of the present petitioners/plaintiffs are accepted, still there are more than 25 Karayogams, which have** ## **O.P.(C)No.2275 of 2023** -: 12 :- **elected Union prathinidhis in office, as of now. The amendment would alter the nature and character of the suit, since the suit as it exists now, pertains only to conduct of election to the Taluk Union, whereas, the amendment if allowed, would convert the suit in relation to the disputes pertaining to the election to Karayogams, as well.** **7. Finally, it was also urged that the petitioners/plaintiffs are not the Office Bearers of the Taluk Union, High Range, Idukki; that their tenure is over and that the administration of the Taluk Union has been taken over by the 9[th] respondent/Registrar in terms of Clause 55 of the bye-laws of the Union, wherefore, the plaintiffs have no** _**locus**_ **to institute the suit itself and also to maintain the present amendment application. On the above premises, learned counsel for the 9[th]** **O.P.(C)No.2275 of 2023** -: 13 :- **respondent would seek to dismiss the instant Original Petition.** **8. Learned counsel for the 5[th] respondent would submit that the power of the Registrar in the Nair Service Society is akin to that of the powers of the Registrar under the Companies Act and that the conduct of elections to Karayogam is not a condition precedent for the election to the Taluk Union. It was contended that the tenure of the elected office bearers of the Karayogam will end at different periods, depending upon the time of assumption of charge by the elected Office Bearers of the Karayogam. Learned counsel also emphasised on Clause 44 of the bye-laws of Taluk Union as regard the quorum for conducting election to the Taluk Union. The petitioners/plaintiffs have no case that there is no sufficient quorum for conduct** ## **O.P.(C)No.2275 of 2023** -: 14 :- **elections to the Taluk Union, so as to maintain the present amendment application. The contention that for elections to the Karayogams, the Karayogam itself and its members alone are competent and the petitioners have no** _**locus**_ **to seek the same, is reiterated. Based on Clause 44, it was also urged that the date for conduct of election alone is fixed in consultation with the Taluk Union, which is so done, so as to ensure the availability of Unit Inspectors to monitor the conduct of elections. Learned counsel would also seek dismissal of the instant Original Petition.** **9. In reply, learned counsel for the petitioners would submit that the arguments addressed by the counsel for the 9[th] respondent/Registrar, as regards quorum etc, is contrary to the averments in paragraph no.4 of his own affidavit filed before** **O.P.(C)No.2275 of 2023** -: 15 :- **this Court. As per the counter affidavit, the 9[th] respondent/Registrar is the person entitled to conduct the elections to the Karayogam as well, whereas the argument of the learned counsel now is that 9[th] respondent has no power. Referring to Clause 26, it was argued that the Registrar retains effective control in the matter to conduct of elections to Karayogams, as well. Reliance was also placed upon Clause 39 of the bye-laws. Learned counsel would point out that the personal injury to be caused to the plaintiff, if the amendment is refused, has been taken note by the learned Sub Judge in paragraph no.100 of the impugned order. It was specifically urged that the amended relief is not only for a direction to the 9[th] respondent in the matter of conduct of elections, but also for suitable directions to be issued by the 9[th] respondent to the Secretary, who is very much a** **O.P.(C)No.2275 of 2023** -: 16 :- **party to the suit, for conducting the elections. Even as per the bye-law, it is for the Secretary to conduct the elections, wherefore, the contention that Registrar has no power, will not hold good. Learned counsel would also point out that the additional reliefs couched were not strictly in terms of the provisions of the bye-laws, but also, taking into account the practice and precedents prevailing in the Nair Service Society.** **10. Having heard the learned counsel appearing for the respective parties, this Court cannot, but find that this Original Petition lacks merit and hence liable to be dismissed. The following reasons are coined for the same.** **(1) Bar under proviso to Order VI, Rule 17.** **After amendment of the Code in the year 2002,** ## **O.P.(C)No.2275 of 2023** -: 17 :- **an application for amendment is not liable to be allowed after commencement of the trial, unless the party could not have raised the matter before commencement of the trial, inspite of due diligence. Interpreting the impact of the proviso the Hon'ble Supreme Court held in Vidyabai and Others v. Padmalatha and Another** _**[(2009) 2 SCC 409],**_ **that unless the jurisdictional fact to invoke the proviso is satisfied, amendment after commencement of the trial cannot be allowed. In the instant facts, this Court notice that the amendment sought for is much after the commencement of the trial. Infact, it was after completion of the trial and arguments were heard on behalf of the plaintiffs, as also, those defendants, who support the plaintiffs. All what remained was the hearing on behalf of remaining defendants. Coming to the due diligence component the only averment in Ext.P9** **O.P.(C)No.2275 of 2023** -: 18 :- ## **application for amendment, is as follows.** **The above aspects sought for in the amendment could not be brought earlier after due diligence since the dates of expiry of the tenure of the Union Parathinithis was on various dates during the pendency of the suit.** **It is in-disputed that, the petitioners/defendants are claiming to be the office bearers of the N.S.S Taluk Union, High Range, Idukki, for which reason, they cannot contend that they were not aware of the dates of expiry of the tenure of the Union Prathinidhies of the constituent Karayogams, which constitutes the said Taluk Union. Simultaneous with this point, this Court also notice that the plaintiffs/petitioners were sensitized as regards the necessity to conduct elections to various Karayogams, so as to facilitate election to the Taluk Union, one among the reliefs sought for in the suit, as early as when the written statement** **O.P.(C)No.2275 of 2023** -: 19 :- **was filed by the contesting defendants/respondents. However, no steps, whatsoever, were taken to seek amendment of the pleading and the reliefs. Such an amendment, the necessity of which was fully known to the plaintiffs/petitioners, is sought for, after completion of trial and final hearing on behalf of the plaintiffs. It could thus be seen that, due diligence component is not satisfied at all in the given facts to seek an amendment much belatedly.** **(2) Impact/consequence of granting amendment sought - for:** **The stage at which the amendment sought for has already been indicated. Amendment seeks to incorporate additional pleadings, which pertains to the elections to the constituent Karayogams under the High Range Taluk Union, coupled with a relief to conduct elections to the said Karayogam. The** **O.P.(C)No.2275 of 2023** -: 20 :- **scope of the suit going by the un-amended plaint was for a declaration as regards the status of the plaintiffs/petitioners as the office bearers of the Taluk Union and a mandatory injunction for conduct of election to the High Range Taluk Union, as per the Union bye-laws. If the amendment sought for is allowed, the scope and subject matter of the suit will be enlarged substantially, so as to encompass elections to the constituent Karayogams as well, which are 87 in number, of which, elections are due to as many as 43 Karayogams. In fact, there is a separate bye-laws for the Karayogams, other than the one for the Taluk Union. The inevitable result of allowing the amendment is that all necessary parties will have to be joined in the suit; an additional publication under Order I, Rule 8 may have to be made; additional pleadings will be incorporated, besides permitting amendment of the** **O.P.(C)No.2275 of 2023** -: 21 :- **written statements in answer to the amended averments and reliefs to the plaint; and fresh/additional evidence also may have to be adduced. In effect, the suit will have to be restarted virtually. An amendment with the aforereferred consequences can hardly be countenanced.** ## **- (3) The amendment changes the scope of the suit:** **As is clear from the reasons culled out in the preceding point, which dealt with the consequences/impact of the amendment sought for, the nature and scope of the suit will get enlarged substantially. The scope of the suit, the parties, the issues, the points for determination and also the reliefs will undergo serious change, if the proposed amendment is allowed. Elections to the constituent Karayogams, 43 in number, will have to** **O.P.(C)No.2275 of 2023** -: 22 :- **be considered in addition to the existing scope of the suit, which pertains to election to the Taluk Union. Thus, the scope of the suit will get substantially enlarged, though not altered** _**stricto sensu**_ **.** ## **- (4) The amendment sought for is not necessary:** **The amendment sought for is not necessary for determining the real controversy in issue in the suit, as it exists now. As already indicated, the reliefs are for declaration and also for a mandatory injunction as regards the conduct of elections to the NSS Taluk Union, High Range, in accordance with the Union bye-laws. For issuance of a decree for mandatory injunction directing the 9[th] defendant to conduct elections to the Taluk Union, conduct of elections to the Karayogams, as now sought for, is not strictly necessary. If elections** ## **O.P.(C)No.2275 of 2023** -: 23 :- **to constitute Karayogams are inevitable for the conduct of election to the NSS Taluk Union, it is for the 9[th] defendant to enable steps for conduct elections to the Karayogams, provided the same is within his authority and power as per the bye-laws. It cannot be said that for passing a decree of mandatory injunction as sought for in the suit as it exists now, elections to the constituent Karayogams is not a** _**sine qua non**_ **. Besides, this Court also notice that, going by Clause 44 of the bye-laws of the Taluk Union, the quorum required for conduct of election to the Taluk Union is only 1/4[th] of the total number of constituent Karayogams or 25, which ever is less. Even as per the very showing of the plaintiffs, elections are due only to 43 Karayogams, as against the total number of 87 Karayogams coming under the Taluk Union High Range. That being so, there is no lack of quorum for** **O.P.(C)No.2275 of 2023** -: 24 :- **conduct of elections to the Taluk Union, in case relief no.C sought for in the plaint is liable to be allowed.** **(5) Amendment sought for is in respect of a - separate cause of action:** **Elections to individual Karayogams is the lookout of the said Karayogams and their members. The plaintiffs, in their professed capacity as the office bearers of the Taluk Union, the tenure of which had already expired and their continuance being only as a care taker committee, cannot assume that responsibility/role. Their locus to seek the new relief sought to be amended is seriously at doubt. The expiry of the term of the elected Union Prathinidhis of the individual Karayogam, pending litigation is a separate and subsequent cause of action available to such Karayogams, which 21, out** **O.P.(C)No.2275 of 2023** -: 25 :- **of 81, Karayogams have already exercised by instituting a suit before Sub Court, Kattappana seeking mandatory injunction (See in this regard argument notes submitted on behalf of R9 & R10). For this reason also, the amendment sought for is not liable to be allowed.** **In the circumstances, this Original Petition fails and the same will stand dismissed.** **Sd/-** ## **C.JAYACHANDRAN, JUDGE** ww/TR ## **APPENDIX OF OP(C) 2275/2023** |**PETITIONER EXHIBITS**|**PETITIONER EXHIBITS**| |---|---| |**Exhibit P1**|**TRUE PHOTOCOPY OF ORDER DATED 26/9/2023**| ||**IN I.A.NO.144/2023 IN O.S.NO.46/2022,**| ||**SUB COURT, KATTAPPANA.**| |**Exhibit P2**|**TRUE PHOTOCOPY OF THE PLAINT IN**| ||**O.S.NO.46/2022, SUB COURT, KATTAPPANA**| |**Exhibit P3**|**TRUE PHOTOCOPY OF THE COUNTER AFFIDAVIT**| ||**FILED**<br>**IN**<br>**I.A.NO.3/2022**<br>**IN**<br>**OS**| ||**NO.46/2022, SUB COURT, KATTAPPANA.**| |**Exhibit P4**|**TRUE PHOTOCOPY OF WRITTEN STATEMENT**| ||**FILED BY THE 9TH DEFENDANT IN**| ||**O.S.NO.46/2022, SUB COURT, KATTAPPANA.**| |**Exhibit P5**|**TRUE PHOTOCOPY OF I.A.NO.114/2022 IN**| ||**O.S.NO.46/2022, SUB COURT, KATTAPPANA**| |**Exhibit P6**|**TRUE PHOTOCOPY OF AN ADDITIONAL WRITTEN**| ||**STATEMENT WAS FILED BY THE 9TH**| ||**RESPONDENT DATED 13/10/2022.**| |**Exhibit P7**|**TRUE PHOTOCOPY OF THE REJOINDER**| ||**STATEMENT FILED BY THE PETITIONERS**| ||**HEREIN/PLAINTIFFS IN O.S.NO.46/2022,**| ||**SUB COURT, KATTAPPANA**| |**Exhibit P8**|**TRUE PHOTOCOPY OF THE WRITTEN STATEMENT**| ||**DATED 1/11/2022 FILED BY RESPONDENTS 2**| ||**AND 3 HEREIN/DEFENDANTS 2 AND 3 IN**| ||**O.S.NO.46/2022, SUB COURT, KATTAPPANA.**| |**Exhibit P9**|**TRUE PHOTOCOPY OF I.A.NO.144/2023 IN**| ||**O.S.NO.46/2022, SUB COURT, KATTAPPANA**| |**Exhibit P10**|**TRUE PHOTOCOPY OF THE OBJECTION FILED**| ||**BY THE 9TH RESPONDENT DATED 9/9/2023 IN**| ||**EXT.P9 APPLICATION**|