SaiJu and others v. Sree Narayana Dharma Samrakshana Yogam

IN THE HIGH COURT OF KERALA AT ERNAKULAM ## PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 23[rd] DAY OF MAY 2023 / 2ND JYAISHTA, 1945 OP(C) NO. 577 OF 2023 AGAINST THE JUDGMENT DATED 20.02.2023 IN CMA 5/2023 OF SUB COURT, CHERTHALA ORDER DATED 31.1.2023 IN I.A. No.3/2022 IN OS 602/2022 OF ADDITIONAL MUNSIFF COURT, CHERTHALA ## PETITIONERS/RESPONDENTS/PETITIONERS & DEFENDANTS: |1|SAIJU, AGED 47 YEARS, S/o ARAVINDAN, MADHAVI MANDIRAM,| |---|---| ||SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI,| ||POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT,| ||PIN - 688526| |2|PRAKASHAN, AGED 60 YEARS, S/o DAMODARAN,| ||THACHAPARAMBIL, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526| |3|P. SOMAN, AGED 60 YEARS, S/o PADMANABHAN,| ||MANTHARA, PANAVALLY VILLAGE, POOCHAKKAL P.O.,| ||CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526| |4|S. SHIJU, AGED 45 YEARS, S/o SIDHARDHAN,| ||VALIYATHARAYIL, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526| |5|DINOOP, AGED 25 YEARS, S/o PUSHPAN,| ||VATTACHIRA, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526| |6|ARUN MOHAN, AGED 39 YEARS, S/o MOHAN,| ||VETTOONTHARA, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526| |7|SHEENUKUMAR, AGED 48 YEARS, S/o THANKAN,| ||KADAVIL, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN – 688526| |8|SISIRAKUMAR, AGED 40 YEARS, S/o PONNAPPAN,| ||KALAPPURAKKAL, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526| OP(C) No.577 of 2023 2 - 9 RATHEESH, AGED 41 YEARS, S/o RAVEENDRAN, CHAKKITHARAYIL, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526 - 10 SANKARDAS, AGED 30 YEARS, S/o SIVADASAN, KOCHUVARIKKADU, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526 - 11 MIDHUN SAJU, AGED 32 YEARS, S/o SAJU, NADUVILEKOOTTIL, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526 - 12 P. SUNIL, AGED 50 YEARS, S/o PEETHAMBARAN, LAKSHMI VILASOM, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526 - 13 MADHU, AGED 55 YEARS, S/o KARUNAKARAN, AALEKATTU VEEDU, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526 - 14 SUNILKUMAR, AGED 52 YEARS, S/o SUBRAMONIAN, MURALIBHAVAN, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526 BY ADVS. V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. NITHEESH.M SUKANYA S. ## RESPONDENTS/APPELLANTS/COUNTER PETITIONERS & PLAINTIFFS: 1 SREE NARAYANA DHARMA SAMRAKSHNA YOGAM, REG. NO. 65/1098 M.E, SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN – 688526, REPRESENTED BY ITS PRESIDENT 2 ADV. S. RAJESH, AGED 45 YEARS, S/o SASIDHARAN, VADAKKEVELIYIL, SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN - 688526 (PRESIDENT OF NIRVAHAKA SANGHOM). 3 R. RENJITH, AGED 45 YEARS, S/o RAJAPPAN, MANGALATH, SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, OP(C) No.577 of 2023 3 ||PIN - 688526(VICE PRESIDENT OF NIRVAHAKA SANGHOM)| |---|---| |4|ASHOK SEN, AGED 40 YEARS, S/o SIVADASAN, SIVANIVAS,| ||SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI,| ||POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT,| ||PIN – 688526 (TREASURER OF NIRVAHAKA SANGHOM).| |5|K.K. RAJAPPAN, AGED 78 YEARS, S/o KRISHNAN,| ||KUNNUPARAMB, SREEKANDESWARAM, PANAVALLY VILLAGE,| ||PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526 (COMMITTEE MEMBER OF| ||NIRVAHAKA SANGHOM)| |6|AJI MANTHARA, AGED 45 YEARS, S/o PADMANABHAN, MANTHARA,| ||SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI,| ||POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT,| ||PIN - 688526(COMMITTEE MEMBER OF NIRVAHAKA SANGHOM)| |7|K.V. SALI, AGED 44 YEARS, S/o VELAYUDHAN SANTHI,| ||KEEZHOTH NIKARTHIL, SREEKANDESWARAM, PANAVALLY VILLAGE,| ||PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526 (COMMITTEE MEMBER OF| ||NIRVAHAKA SANGHOM)| |8|JAYACHANDRAN, AGED 58 YEARS, S/o PRABHAKARAN,| ||VADAKKE KALAPPURAKKAL, SREEKANDESWARAM, PANAVALLY| ||VILLAGE, PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA| ||TALUK, ALAPPUZHA DISTRICT, PIN – 688526 (COMMITTEE| ||MEMBER OF NIRVAHAKA SANGHOM)| |9|T. VISHNU, AGED 40 YEARS, S/o THIRUMENI, VALIYAPARAMB,| ||SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI,| ||POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT,| ||PIN - 688526 (COMMITTEE MEMBER OF NIRVAHAKA SANGHOM)| |10|SASIDHARAN, AGED ABOUT 68 YEARS, S/o PADMANABHAN,| ||KANIYAM VELIYIL, SREEKANDESWARAM, PANAVALLY VILLAGE,| ||PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526(COMMITTEE MEMBER OF| ||NIRVAHAKA SANGHOM)| |11|N.R. SATHEESHAN, AGED 68 YEARS, S/o REGHUVARAN,| ||RESHMI VILASOM, SREEKANDESWARAM, PANAVALLY VILLAGE,| ||PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA TALUK,| ||ALAPPUZHA DISTRICT, PIN - 688526(COMMITTEE MEMBER OF| ||NIRVAHAKA SANGHOM)| |12|SAHADEVAN, AGED 70 YEARS, S/o KARUNAKARAN, KUZHIKKADU,| ||SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI,| OP(C) No.577 of 2023 4 POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN – 688526 (COMMITTEE MEMBER OF NIRVAHAKA SANGHOM) 13 SHIJIL, AGED 38 YEARS, S/o GANGADHARAN, CHATHANADU, SREEKANDESWARAM, PANAVALLY VILLAGE, PANAVALLY MURI, POOCHAKKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN- 688 526. (COMMITTEE MEMBER OF NIRVAHAKA SANGHOM) BY ADVS. T.JAYAKRISHNAN R.KRISHNAKUMAR (CHERTHALA) THIS OP (CIVIL) HAVING COME UP FOR HEARING ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) No.577 of 2023 5 ## **JUDGMENT** Pertaining to a registered public trust, a suit was instituted before the Munsiff Court, Cherthala, for the relief of declaring that the election conducted on 13.11.2022 to the Board of Trustees is not valid and the persons who were elected, the defendants therein, shall not assume the respective offices. On hearing both the parties, the trial court found that the matter would come under the purview of Section 92 CPC and on that preliminary finding, the plaint was returned, against which a C.M.A was filed before the Sub Court, Cherthala, wherein the order was reversed on finding that the matter would not come under the purview of Section 92 CPC and thereby the suit was restored to the file of trial court, against which the defendants came up under Article 227 of the Constitution. 2. With respect to the application of Section 92 CPC, the legal position is well settled that all internal matters pertaining to the trust either to remove any of the trustees or to appoint any person to that status will OP(C) No.577 of 2023 6 come under the purview of Section 92 CPC. The learned counsel for the respondents, on the other hand, relied on the decision rendered by the Apex Court in **Ghat Talab Kaulan Wala v. Baba Gopal Dass Chela Surti Dass (Dead) by Lr Ram Niwas [AIR 2020 SC 705]** and submitted that since it is a suit instituted by the trust, it will not come under the purview of Section 92 CPC. What is laid down by the Apex Court in the abovesaid decision is pertaining to the suit instituted by the trust as against a third person, a Sevadar, and the legal position is very much settled that, if it is for vindicating a personal right or against a third person, the matter would not come under the purview of Section 92 CPC. The moulding of relief in a suit which would otherwise come under the purview of Section 92 CPC may not, by itself, take away the application of Section 92 CPC, especially when the present suit is one for declaring the alleged election of trustees as invalid and to direct the respective elected persons not to assume their respective offices of trust. It would certainly come under the purview of Section 92 CPC and there is a flagrant violation in the exercise of jurisdiction by the first appellate court, hence liable OP(C) No.577 of 2023 7 to be rectified by exercising the supervisory jurisdiction under Article 227 of the Constitution. Hence, Ext.P9 order passed by the first appellate court is hereby set aside by restoring the order passed by the trial court. The parties are at liberty to agitate their respective issues as per the lex fori and lex loci. All questions are left open for consideration in a properly instituted suit. O.P(C) is allowed accordingly. ## **Sd/-** **P.SOMARAJAN** **JUDGE** DMR/- OP(C) No.577 of 2023 8 ## **APPENDIX OF OP(C) 577/2023** |PETITIONERS' EXHIBITS|| |---|---| |EXHIBIT P-1|TRUE COPY OF O.S. NO. 602/2022 DATED| ||15.11.2022 FILED BY THE RESPONDENTS BEFORE| ||THE MUNSIFF'S COURT, CHERTHALA| |EXHIBIT P-2|TRUE COPY OF I.A. NO. 1/2022 DATED 15.11.2022| ||IN O.S. NO. 602/2022 FILED BY THE RESPONDENTS| ||BEFORE THE MUNSIFF'S COURT, CHERTHALA| |EXHIBIT P-3|TRUE COPY OF THE OBJECTION DATED 12.12.2022| ||IN I.A. NO. 1/2022 IN O.S. NO. 602/2022 FILED| ||BY THE PETITIONERS BEFORE THE MUNSIFF'S| ||COURT, CHERTHALA| |EXHIBIT P-4|TRUE COPY OF I.A. NO. 3/2022 DATED 12.12.2022| ||IN O.S. NO. 602/2022 ON THE FILE OF THE| ||MUNSIFF'S COURT, CHERTHALA| |EXHIBIT P-5|TRUE COPY OF OBJECTION DATED 20.12.2022 IN| ||I.A. NO. 3/2022 IN O.S. NO. 602/2022 ON THE| ||FILE OF THE MUNSIFF'S COURT, CHERTHALA| |EXHIBIT P-6|TRUE COPY OF THE ORDER DATED 31.1.2023 IN| ||I.A. NO. 3/2022 IN O.S. NO. 602/2022 ON THE| ||FILE OF THE MUNSIFF'S COURT, CHERTHALA| |EXHIBIT P-7|TRUE COPY OF THE JUDGMENT DATED 31.1.2023 IN| ||O.S. NO. 602/2022 ON THE FILE OF THE| ||MUNSIFF'S COURT, CHERTHALA| |EXHIBIT P-8|TRUE COPY OF C.M.A. NO. 5/2023 DATED 2.2.2023| ||FILED BY THE RESPONDENTS BEFORE THE SUB| ||COURT, CHERTHALA| |EXHIBIT P-9|TRUE COPY OF THE JUDGMENT DATED 20.2.2023 IN| ||C.M.A. NO. 5/2023 ON THE FILE OF THE SUB| ||COURT, CHERTHALA| |EXHIBIT P-10|TRUE COPY OF THE BYELAW DATED 28.2.1999 OF| ||THE 1ST RESPONDENT TRUST| |EXHIBIT P-11|TRUE COPY OF THE MINUTES FROM 24.7.2022 TO| ||4.12.2022 OF THE GENERAL BODY OF THE 1ST| ||RESPONDENT TRUST| OP(C) No.577 of 2023 9 |EXHIBIT P-12|TRUE COPY OF THE MINUTES FROM 25.12.2022 TO| |---|---| ||8.1.2023 OF THE EXECUTIVE COMMITTEE (TOGETHER| ||WITH FESTIVAL COMMITTEE) OF THE 1ST| ||RESPONDENT TRUST| |EXHIBIT P-13|TRUE COPY OF G.O. (MS) 384/66/HOME DATED| ||24.10.1966 ISSUED BY THE GOVERNMENT OF KERALA| |RESPONDENTS' EXHIBITS|| |EXHIBIT R-1(a)|A TRUE COPY OF MINUTES OF THE PTA MEETING OF| ||SDDSY UP SCHOOL DATED 2-3-2023| |EXHIBIT R-1(b)|A TRUE COPY OF MINUTES OF THE PTA MEETING OF| ||SDDSY UP SCHOOL DATED 10-3-2023| |EXHIBIT R-1(c)|A TRUE COPY OF PAGE NO: 39 OF ACCOUNT| ||STATEMENT PUBLISHED BY THE 1ST RESPONDENT| ||DATED 30-9-2022| |EXHIBIT R-1(d)|A TRUE COPY OF UNNUMBERED PLAINT IN O.P.| ||(TRUST) NO: 1/2022 FILED BEFORE SUB COURT| ||DATED 19-11-2022| |EXHIBIT R-1(e)|A TRUE COPY OF PLAINT IN O.S.NO: 577/2021| ||FILED BEFORE THE MUNSIFF'S COURT, CHERTHALA| |EXHIBIT R-1(f)|A TRUE COPY OF RELEVANT PAGE OF MEMBERS LIST| ||PRODUCED BY THE 1stPETITIONER.| |EXHIBIT R-1(g)|A TRUE COPY OF THE CORRECT COPY OF EXHIBIT| ||R-1(f) PRODUCED BEFORE TRIAL COURT.| |EXHIBIT R-1(h)|A TRUE COPY OF STAFF DETAILS OF SNDSY UP| ||SCHOOL PANAVALLY.| |EXHIBIT R-1(i)|A TRUE COPY OF MINUTES OF THE MEETING OF| ||YOGAM DATED 15.5.2022.| |EXHIBIT R-1(j)|A TRUE COPY OF I.A.No.5/2022 IN| ||O.S.No.546/2022 DATED 25.10.2022.| |EXHIBIT R-1(k)|A TRUE COPY OF REQUEST PRODUCED BY THE 1st| ||RESPONDENT IN O.S.No.602/2022 DATED| ||15.8.2022.| OP(C) No.577 of 2023 10 EXHIBIT R-1(l) A TRUE COPY OF BYE LAW OF SNDS YOGAM. // TRUE COPY // P.A. TO JUDGE