Kerala High Court
T.K Ramachandran vs C.H.Kunhikrishna Kurup
Author: K. Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 5TH DAY OF SEPTEMBER 2016/14TH BHADRA, 1938
OP(C).No. 2171 of 2016 (O)
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I.A.NO. 337/2016 IN O.S.NO. 12/2015 OF THE SUB COURT, KOYILANDI
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PETITIONER(S)/PETITIONERS :
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1. T.K RAMACHANDRAN,
AGED 48 YEARS, S/O. BALAN, SECRETARY,
SANTI NIKETHAN SECONDARY SCHOOL SOCIETY,
TIRUVALLUR, REGN.NO. 82/1962, A SOCIETY REGISTERED
UNDER SOCIETIES REGISTRATION ACT 1860,
THAZHEKELOTH, POST, THIRUVALLUR, VADAKARA TALUK,
THIRUVALLUR AMSOM, DESOM, KOZHIKODE-673 541.
2. MANIKOTH RAGHAVAN,
AGED 68 YEARS, S/O. CHATHU, VICE PRESIDENT,
SANTI NIKETHAN SECONDARY SCHOOL SOCIETY,
TIRUVALLUR, REGN.NO. 82/1962, A SOCIETY REGISTERED
UNDER SOCIETIES REGISTRATION ACT 1860,
MANIKOTH HOUSE, PARAVANTHALA, NUTSTREET POST,
VADAKARA AMSOM DESOM, VADAKARA-673 104.
3. N.GIRISH,
AGED 38 YEARS, S/O. KRISHNAN, GOVERNING COUNCIL MEMBER,
SANTI NIKETHAN SECONDARY SCHOOL SOCIETY,
TIRUVALLUR, REGN.NO. 82/1962, A SOCIETY REGISTERED
UNDER SOCIETIES REGISTRATION ACT 1860,
NOLATHA HOUSE, POST THIRUVALLUR, VADAKARA TALUK,
THIRUVALLUR AMSOM, DESOM, KOZHIKODE-673 541.
4. NARAYANAN P.M.,
AGED 59 YEARS, S/O. POKKAN, MUCHILOTTHAZHEKUNNI,
PARAVANTHALA, P.O.NUTSTREET, VADAKARA AMSOM DESOM,
KOZHIKODE-673 104.
5. PRAJITH KUMAR C.,
AGED 42 YEARS, S/O. POKKU, THODUVAYAIL,
POST THIRUVALLUR, VADAKARA TALUK,
THIRUVALLUR AMSOM, DESOM, KOZHIKODE-673 541.
BY ADVS. SRI.SHYAM PADMAN
SRI.C.M.ANDREWS
SMT.BOBY M.SEKHAR
SRI.VIMAL SANKAR
SRI.K.PADMARAJ
..2/-
..2..
OP(C).No. 2171 of 2016 (O)
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RESPONDENT(S)/RESPONDENTS :
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1. C.H.KUNHIKRISHNA KURUP,
S/O. KANARA KURUP, MANAGER,
SANTI NIKETHAN SECONDARY SCHOOL SOCIETY,
TIRUVALLUR, REGN.NO. 82/1962, A SOCIETY REGISTERED
UNDER SOCIETIES REGISTRATION ACT 1860,
RESIDING AT 'SIVOHAM HOUSE', MALAPARAMBA HOUSING
COLONY, CHEVAYUR P.O., CHEVAYUR AMSOM, DESOM,
KOZHIKODE TALUK-673 017.
2. K.BALAKRISHNAKURUP,
AGED 74 YEARS, S/O. KOMATT KUNHIRAMA KURUP,
GOVERNING COUNCIL MEMBER,
SANTI NIKETHAN SECONDARY SCHOOL SOCIETY,
TIRUVALLUR, REGN.NO. 82/1962, A SOCIETY REGISTERED
UNDER SOCIETIES REGISTRATION ACT 1860,
'DEEPTHI', CHALAPPURAM, KASABA AMSOM DESOM,
KOZHIKODE TALUK-673 002.
3. T.P.RADHAKRISHNAN,
AGED 60 YEARS, S/O. APPA KURUP, KOLLANTE PARAMBATH,
NUT STREET (P.O),VATAKARA AMSOM DESOM, VATAKARA TALUK,
KOZHIKODE-673 104.
4. SASI KUMAR P.K.,
AGED 46 YEARS, S/O. KUNHIKRISHNA KURUP,
'PARANKKOTT', VELLOOKKARA, CHANIYAM KADAV P.O.,
THIRUVALLUR AMSOM, VELLOOKKARA DESOM,
VATAKARA TALUK, KOZHIKODE-673 541.
5. RAVEENDRAN K.,
AGED 57 YEARS, S/O. KOMATT KUNHIRAMA KURUP,
'SREEPARVATHI', VELLOOKKARA, CHANIYAM KADAV P.O.,
THIRUVALLUR AMSOM, VELLOOKKARA DESOM,
VATAKARA TALUK, KOZHIKODE-673 541.
6. MOIDU HAJI CHUNDAYIL,
AGED 56 YEARS, S/O. MOOSSA HAJI, 'CHUNDAYIL",
KOTTAPPALLYP.O.VILLYAPALLY,KOTTAPPALLY AMSOM DESOM,
VADAKARA TALUK, KOZHIKODE-673 542.
7. KATTILERY KUNHABDULLA,
AGED 58 YEARS, S/O. ANTHRU, 'KATTILERI',
THIRUVALLUR P.O., THIRUVALLUR AMSOM AND DESOM,
VATAKARA TALUK, KOZHIKODE-673 541.
8. KUNHAMMAD M.K.,
AGED 50 YEARS, S/O. MOIDU, 'MEETHALE KANDIYIL',
THIRUVALLUR P.O. THIRUVALLUR AMSOM DESOM,
VATAKARA TALUK, KOZHIKODE-673 541.
..2/-
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OP(C).No. 2171 of 2016 (O)
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9. ASHRAF KANAVATH,
AGED 41 YEARS, S/O. MOITHU HAJI, 'KANAVATH',
THIRUVALLUR P.O., THIRUVALLUR AMSOM DESOM,
VATAKARA TALUK, KOZHIKODE-673 541.
10. M.V.AMMED,
AGED 53 YEARS, S/O. MOITHEEN, 'MALAYANTE VALAPPIL'
CHANIYAM KADAV P.O., THIRUVALLUR AMSOM DESOM,
VATAKARA TALUK, KOZHIKODE-673 541.
11. A.C.MOIDU,
AGED 60 YEARS, S/O. A.C.ABDULLA HAJI, 'AL-HILAL',
THIRUVALLUR P.O.-673 541, THIRUVALLUR AMSOM DESOM,
VATAKARA TALUK, KOZHIKODE-673 541.
12. JAMAL PUTHIYOTTIL,
AGE AND FATHER'S NAME NOT KNOWN TO THE APPELLANTS,
PUTHIYOTTIL, THODANNUR P.O., VADAKARA,
KOZHIKODE-673 541.
13. SANTI NIKETHAN SECONDARY SCHOOL SOCIETY,
TIRUVALLUR, REGN. NO. 82/1962, A SOCIETY REGISTERED
UNDER SOCIETIES REGISTRATION ACT 1860,
REP. BY ITS MANAGER C.H.KUNHIKRISHNA KURUP,
S/O. KANARA KURUP, RESIDING AT 'SIVOHAM HOUSE',
MALAPARAMBA HOUSING COLONY, CHEVAYUR P.O.,
CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK-673 017.
14. THE DISTRICT EDUCATIONAL OFFICER
VADAKARA P.O., VADAKARA-673 101.
R14 BY GOVERNMENT PLEADER SRI. S.GOPINATHAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-09-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP(C).No. 2171 of 2016 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO. 12/2015 BEFORE
THE COURT OF THE SUBORDINATE JUDGE'S, KOYILANDI.
EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT OF THE 6TH RESPONDENT
IN O.S.ON. 12/2015 BEFORE THE SUBORDINATE JUDGE'S COURT,
KOYILANDI.
EXHIBIT P3 COMMON ORDER DATED 03-07-2015 IN I.A.NOS. 231, 243, 244 OF
2015 IN O.S.NO. 12/2015 OF THE FILE OF THE SUBORDINATE
JUDGE'S COURT, KOYILANDI.
EXHIBIT P4 THE TRUE COPY OF I.A.NO. 337/2015 IN O.S.NO. 12/2015 BEFORE
THE SUBORDINATE JUDGE'S COURT, KOYILANDI.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TOJUDGE.
Msd.
K. RAMAKRISHNAN, J.
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O.P.(C).No.2171 of 2016
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Dated this the 5th day of September, 2016.
JUDGMENT
This is an application filed by the petitioners seeking intervention of this court to issue a direction to the court below to consider Ext.P4 application and till then, the case should not be taken up under Article 227 of the Constitution of India.
2. It is alleged in the petition that the petitioners filed Ext.P1 suit as OS.No.12/2015 before the Sub Court, Koyilandy seeking certain reliefs against the defendants, who are the respondents, herein. Ext.P2 written statement was filed by the 6th respondent denying the allegations in the plaint and contended that the plaintiff is not entitled to get any of the reliefs claimed.
3. The petitioner filed I.A.Nos.231/2015, 243/2015 and 244/2015 for interim orders including injunction and appointment of receiver and those applications were dismissed by the court below by Ext.P3 common order. Petitioner fled C.M.Appeals against the same before the District Court, Kozhikode and they are pending. In the meantime the suit was listed and so the petitioner filed Ext.P4 application as I.A.337/2016 to remove the case from the list, till C.M. appeals are disposed of. Since the court below had not passed any orders in that application, the present application has been filed.
4. Considering the nature of relief claimed, this court felt that O.P.(C).No.2171 of 2016 2 the petition can be disposed of after hearing Sri.Shyam Padman, counsel appearing for the petitioner and Senior Government Pleader Sri.S.Gopinathan entered appearance for 14th respondent.
5. The grievance of the petitioner was that, since he was of the impression that suit will be listed only after C.M.Appeals are disposed of, he could not take necessary steps to proceed with the case. Further the court below had make contradictory observations which likely to affect the mind of the court when final disposal also, so he wanted the case to be removed from the list till the C.M.appeals are disposed of in accordance with law.
6. It is an admitted fact that, the petitioner filed Ext.P1 suit as O.S.12/2015 and that is pending before the Sub Court, Koilandy and 6th respondent filed Ext.P2 written statement and other respondents adopted the contentions of the 6th defendant. They have denied the right of the plaintiff and also prayed for dismissal of the suit. The petitioner filed application for interim injunction appointment of receiver and other reliefs as I.A.Nos.231/2015, 243/2015 and 244/2015 and those applications after hearing both sides were dismissed by the court below vide Ext.P3 common order.
7. It is alleged in the petition that petitioner had filed C.M.Appeals against those orders as C.M.A.Nos.61, 62 and 63/2015 pending before the District Court, Kozhikode, but before those appeals are disposed of, now the case is being listed and he O.P.(C).No.2171 of 2016 3 apprehends that the he may not be able to proceed with the case properly and the court below is likely to be moved by the observations made in Ext.P3 interim order. It may be mentioned here that the pendency of civil miscellaneous appeal against the orders passed in the interim applications is not a bar for the court to proceed with the trial of the case. Further the apprehension of the petitioner that court is likely to be moved away by the observations made in the impugned order and that will reflect in the final judgment is also without any merit, as the court will have to take evidence and record independent finding on the basis of evidence untrammelled by the observations made in the interim orders passed in the cases and dispose of the cases in accordance with law. So if evidence is adduced and court can come to a different conclusion. Merely because an order has been passed against the plaintiff in the interim applications will not prevent the court to very from that order and take a different finding in the suit and grant relief to the petitioner on the basis of evidence. So under such circumstances, this court feels that the petition can be disposed of as follows:
The court below is directed to remove the case from the list and include the case in the list of next month giving opportunity for the petitioner to take pre-trial steps in the suit and then dispose of the suit on the basis of the evidence untrammelled by the O.P.(C).No.2171 of 2016 4 observations made in Ext.P3 common order passed by that court in the interim applications filed by the petitioner.
With the above direction and observation the petition is disposed of.
Sd/-
(K. Ramakrishnan, Judge) cl/ss O.P.(C).No.2171 of 2016 5 cl