Case Summary
Manikandan.P, the plaintiff and President of the Ernakulam District Committee, challenges his suspension from the committee and seeks a prohibitory injunction against the defendants. The defendants, including the Kerala Home Guard Association, argue that the plaintiff's suspension was warranted due to his misconduct and absence from an executive meeting.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The suspension was deemed valid as it followed the bylaws of the Kerala Home Guard Association.
The suspension was deemed valid as it followed the bylaws of the Kerala Home Guard Association.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Plaintiffs
Manikandan.P (58 years years)
Mukkathukari house, Poothota Desom, Manakunnam village, Kanayannoor taluk, Poothota P.O, Pin – 682 307
Defendants
Kerala Home Guard Association State Committee (Age not specified years)
Pothencode, Thiruvananthapuram
Jayakumar S (48 years years)
Pothencode, Thiruvananthapuram village, Thiruvananthapuram taluk, Pin – 695 584
B.Ashok Kumar (54 years years)
Pothencode, Thiruvananthapuram village, Thiruvananthapuram taluk, Pin – 695 584
A.V.John (58 years years)
Arampakkal, Thuravoor, Cherthala taluk, Alappuzha, pin – 688 532
T.K.Shaji (52 years years)
Thakidiyil house, Pambakuda, Muvattupuzha taluk, Pin – 686 67
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The petitioner sought a prohibitory injunction to prevent the respondents from convening the annual general body meeting of the Ernakulam District Committee.
Evidence:
Ad-interim injunction was not granted in favor of the petitioner and the date 09-03-2024 is already over.
Documents & Evidence
Document Type:
Suspension Notice
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the suspension notice issued by the President of the Kerala Guard Association.
Reference:
Ext.A1
Document Type:
Memorandum of Association
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the Memorandum of Association of the Kerala Home Guard Association, Alappuzha.
Reference:
Ext.A2
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the Registration Certificate of the Kerala Home Guard Association.
Reference:
Ext.A3
Document Type:
Show Cause Notice
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the show cause notice issued by the Kerala Home Guard Association.
Reference:
Ext.A4
Document Type:
Explanation to Show Cause Notice
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the explanation to the show cause notice issued by the plaintiff.
Reference:
Ext.A5
Document Type:
WhatsApp Messages
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the printout of WhatsApp messages issued by the plaintiff in the official group of the Kerala Home Guard Association.
Reference:
Ext.A6
Document Type:
Whatsapp Message
Submitted By:
Plaintiff
Relevance:
This document is a true copy of a WhatsApp message issued by the plaintiff in the official group of the Kerala Home Guard Association.
Reference:
Ext.A7
Document Type:
Minutes of Meeting
Submitted By:
Defendant
Relevance:
This document is the copy of the minutes of the state committee meeting of the first defendant.
Reference:
Ext.B1
Document Type:
Bylaw
Submitted By:
Defendant
Relevance:
This document is a copy of the bylaw of the Kerala Home Guards Association.
Reference:
Ext.B2
Document Type:
Bylaw Amendment
Submitted By:
Defendant
Relevance:
This document is a copy of the amendment of the bylaw of the Kerala Home Guard Association.
Reference:
Ext.B3
Document Type:
Suspension Order
Submitted By:
Defendant
Relevance:
This document is a copy of the suspension order issued to the plaintiff.
Reference:
Ext.B4
Document Type:
Letter to Parish Priest
Submitted By:
Defendant
Relevance:
This document is a copy of the letter forwarded by the plaintiff to the Parish Priest of St. Mary’s Forane Church.
Reference:
Ext.B5
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
This document is a copy of the complaint lodged against the plaintiff before the SHO, Hill Palace Police Station.
Reference:
Ext.B6
Document Type:
Show Cause Notice
Submitted By:
Defendant
Relevance:
This document is a copy of the show cause notice issued to the plaintiff.
Reference:
Ext.B7
Document Type:
Explanation to Show Cause
Submitted By:
Defendant
Relevance:
This document is a copy of the explanation to the show cause submitted by the plaintiff.
Reference:
Ext.B8
Document Type:
Decision on Removal
Submitted By:
Defendant
Relevance:
This document is a copy of the decision of the first defendant regarding the removal of the plaintiff from the association.
Reference:
Ext.B9
Document Type:
Speed Post Acknowledgment
Submitted By:
Defendant
Relevance:
This document is a copy of the speed post acknowledgment showing the despatch of the letter informing the decision of removal to the plaintiff.
Reference:
Ext.B10