RAVIKUMAR v. M. NARAYANAN KUTTY

R1,R2,R5 TO R13,R16, R18 TO R20 AND R23 TO R28 BY ADV.SRI.T.B.THANKAPPAN BY ADV. SRI.T.T.HARIKUMAR R3 ,R4, R14, R15, R17, R22 BY ADV. SRI.T.N.MANOJ R30 BY ADV. SRI.E.G.PARAMESWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS EXHIBITS P1 P2 P3 P4 P5 P6 P7 P8 P9 COPY OF THE RELEVANT PAGES OF the TRUST DEED APPROVED BY ERNAKULAM MUNSIFF'S COURT COPY OF THE PETITION NUMBERED AS I.A. NO.3289/2008 COPY OF the DETAILED COUNTER AFFIDAVIT FILED BY THE 1ST PETITIONER IN EXT.P2 COPY OF THE ORDER IN I.A. NO.3935 OF 2009 COPY OF THE LIST OF TRUST MEMBERS SUBMITTED BY THE PETITIONER COPY OF the ORDER DATED 20-8-2009 COPY OF THE ADVOCATE COMMISSIONER FILED A CRYPTIC REPORT BEFORE THE COURT BELOW DATED 25-11-2009 COPY OF THE PETITIONER FILED OBJECTIONS TO EXT.P7 REPORT COPY OF the ORDER APPEARED IN THE COURT DIARY DATED 8-1-2010 RESPONDENTS EXHIBITS NIL TRUE COPY P. A TO JUDGE SMM V.CHITAMBARESH,J. = = = = = = = = = = = W.P.(C) No. 7783 of 2010 = = = = = = = = = = = == = = = = Dated this the 17th day of August, 2012 J U D G M E N T The dispute concerns the general body meeting and the election conducted to a private trust. I.A No.3289/008 in O.S No.1131/1986 on the file of the Court of the Principal Munsiff of Ernakulam was filed to convene the general body meeting and conduct the election. The court below by order dated 20-8-2009 observed that persons listed as 39,42,46,61,69,70,72,76,78,80,84 and 86 are not eligible to be members. Subsequently the court below by order dated 8-1-2010 approved the election conducted by the Advocate Commissioner who had submitted a report after the exercise.

2. Some of the members contend that the exclusion of the persons mentioned above from the eligibility to vote in the election has vitiated the process. It is for those who have been so excluded to approach the same court where the suit is pending challenging the correctness of the general body meeting and the conduct of the election pursuant thereto. Motion, if any, made W.P.(C) No. 7783 of 2010 2 by those who were ineligible to vote as members challenging the meeting and election shall be considered by the court below untrammelled by anything said in the orders dated 20-8-2009 and 8-1-2010. Needless to say that the court below shall focus its attention to clause 4 of the scheme which governs the administration of the trust in question. The writ petition is disposed of as above. No costs. V.CHITAMBARESH. JUDGE W.P.(C) No. 7783 of 2010 3