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O.S. No. 1172/2025

Case between A J Riyas vs Kerala Vyapari Vyavasayi Ekopana Samithi et al regarding removal from the post of General Secretary

Court
Munsiff Court, Ernakulam
Judge
Smt. Needi.K.Dinamany
Order Date
2025-12-03
Duration

Judgement document from eCourt website

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Case Summary

A J Riyas, the plaintiff, alleges that he was unlawfully removed from his position as the General Secretary of KVVES Ernakulam District Committee by the District President and others. He seeks a declaration that the removal and subsequent ratification were illegal and requests an injunction to restore his position.

Judgment Outcome

Defendant Won
Interim Order
The court dismissed the plaintiff's request for a temporary injunction, stating that he failed to prove a prima facie case for his claim to remain as General Secretary. The court found that the removal was ratified in accordance with the organization's bylaws.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff's removal was carried out in accordance with the bylaws and was ratified by the District Executive Committee, making his claim to restore his position unsustainable.

Judgment Evidence:

Hence, the petition is dismissed. Considering facts and circumstances of the case parties shall bear their respective costs.

Parties Involved

Plaintiffs

A J Riyas (46 years) Cheruvuparambil House, Janatha Road, Aluva, Pin - 683 101

Defendants

Kerala Vyapari Vyavasayi Ekopana Samithi (Age not specified years) Vyapara Bhavan, Pallissery Junction, Puthiya Road, Thammanam, Cochin - 682 032 P C Jacob (74 years) KVVES EKM District Committee, Vyapara Bhavan, Pallissery Junction, Puthiya Road, Thammanam P O, Cochin - 682 032 C S Ramachandran (55 years) Secretary, KVVES EKM District Committee, Pallissery Junction, Puthiya Road, Thammanam, Cochin - 682 032 Jimmy Chakkiath (65 years) Vice President, KVVES EKM District Committee, Pallissery Junction, Puthiya Road, Thammanam, Cochin - 682 032

Reliefs

Relief Type: Permanent Injunction
Outcome: Refused
Description:
The plaintiff sought to restrain the defendants from removing him from the position of General Secretary.
Evidence:
The court is satisfied that the petitioner has failed to prove a prima facie case in his favour and he has failed to prove that he continues to be the General Secretary.

Documents & Evidence

Document Type: Constitution and Bye law of Kerala Vyapari Vyavasayi Ekopana Samithi
Submitted By: Plaintiff
Relevance:
This document sets the legal framework and operational guidelines for the KVVES, relevant to the plaintiff's claims regarding his removal.
Reference:
Ext.A1
Document Type: Copy of minutes of the meeting
Submitted By: Plaintiff
Relevance:
Records the decisions made at the meeting on 30.09.2025, including the illegal removal of the plaintiff as General Secretary.
Reference:
Ext.A2
Document Type: Letter issued by 2nd defendant
Submitted By: Plaintiff
Relevance:
Details the communication from the 2nd defendant regarding the plaintiff's removal.
Reference:
Ext.A3
Document Type: Copy of the notice issued by the President, KVVES State Committee
Submitted By: Plaintiff
Relevance:
Communicates the decision to keep the post of General Secretary vacant pending further deliberations.
Reference:
Ext.A4
Document Type: Copy of notice issued by the president KVVES
Submitted By: Plaintiff
Relevance:
Related to the proceedings and status of the General Secretary position.
Reference:
Ext.A5
Document Type: Copy of notice (Circular) issued by KVVES District President
Submitted By: Plaintiff
Relevance:
Further communication from the KVVES District President relevant to the issues at hand.
Reference:
Ext.A6
Document Type: Letter issued by General Secretary
Submitted By: Plaintiff
Relevance:
Details from the General Secretary's office relevant to the case.
Reference:
Ext.A7
Document Type: Original Minutes book of District Committee and District Executive of KVVES Ernakulam District Committee from 26.03.2019 to 30.09.2025
Submitted By: Plaintiff
Relevance:
Serves as evidence of official proceedings and actions taken during the plaintiff's tenure.
Reference:
Ext.A8
Document Type: Copy of Complaint filed before the SHO Palarivattom Police Station
Submitted By: Plaintiff
Relevance:
Relevant procedural record indicating the plaintiff's legal actions.
Reference:
Ext.A9
Document Type: Email Complaint submitted before the SHO Palarivattom Police Station from KVVES Ernakulam District Committee
Submitted By: Plaintiff
Relevance:
Electronic evidence of the plaintiff's complaints regarding the events.
Reference:
Ext.A10
Document Type: Pendrive
Submitted By: Plaintiff
Relevance:
Contains details of incidents on 30.09.2025, providing additional context to the lawsuit.
Reference:
Ext.A11
Document Type: Copy of FIR filed before the Palarivattom Police Station
Submitted By: Plaintiff
Relevance:
Official record of criminal complaints related to the case circumstances.
Reference:
Ext.A12
Document Type: Copy of Complaint filed by P C Jacob before the Palarivattom Police Station
Submitted By: Plaintiff
Relevance:
Additional complaint related to the ongoing disputes.
Reference:
Ext.A13
Document Type: The copy of the meeting notice dated 06.10.2025 of the meeting dated 15.10.2025
Submitted By: Defendant
Relevance:
Notifies participants about the upcoming meeting that involved the ratification of the plaintiff's removal.
Reference:
Ext.B1
Document Type: Copy of the Minutes of the meeting
Submitted By: Defendant
Relevance:
Details decisions reached during the meeting on 15.10.2025 that are central to the case.
Reference:
Ext.B2
Document Type: The copy of the notice issued by the President, KVVES State Committee
Submitted By: Defendant
Relevance:
Evidence of communication and directives from the KVVES State Committee relevant to the case.
Reference:
Ext.B3
Document Type: The copy of FIR No: 692/2025 of Palarivattom Police Station
Submitted By: Defendant
Relevance:
Legal record of the criminal proceedings against the plaintiff.
Reference:
Ext.B4
Document Type: The copy of the Communication issued by the President KVVES State Committee
Submitted By: Defendant
Relevance:
Further clarification from the KVVES regarding the procedural aspects of the events.
Reference:
Ext.B5
Document Type: Commission report in IA 4/24
Submitted By: Court
Relevance:
Court's report on ongoing investigations related to the case.
Reference:
Ext.C1

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
80%

Involved Entities

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