Case Summary
The plaintiff, P.V. Raju, is a member of the Kerala Pulayar Mahasabha who seeks a declaration against his removal from the State Executive post. He argues that the removal was unjust and made without proper procedure.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of exclusion as unjust, injunction against preventing future participation.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff demonstrated entitlement to his position within the Sabha under the governing bye-laws, and the exclusion was found to be improperly enacted.
The plaintiff demonstrated entitlement to his position within the Sabha under the governing bye-laws, and the exclusion was found to be improperly enacted.
Judgment Evidence:
In the result, the suit is decreed with costs of the plaintiff as follows. It is declared that exclusion/removal of the plaintiff from the post of State Executive member and Ernakulam District Secretary of KPMS, by virtue of Ext. A3 circular is unjust, illegal and arbitrary and without complying the mandatory provisions under Ext. A1 bye-law.
Parties Involved
Plaintiffs
P.V. Raju (54 years years)
Vembanath House, Vadakodu P.O., Kangarapady, Ernakulam, Pin‐682 021.
Defendants
Kerala Pulayar Mahasabha KPMS, The State Committee (Age not specified years)
Regional Office, Susanthi House, Door No.55/2477A, Sudarsana Lane, K.P. Vallon Road, Kadavanthara, Kochi‐682020.
Dr. C.K. Surendranath (Age not specified years)
Regional Office, Susanthi House, Door No.55/2477A, Sudarsana Lane, K.P. Vallon Road, Kadavanthara, Kochi‐682020.
V.C. Sivarajan (Age not specified years)
Velamkandathil, Onakoor P.O., Periyapuram, Ernakulam District, Pin:686 667.
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that exclusion/removal of the plaintiff from the post of State Executive member is unjust, illegal and arbitrary.
Evidence:
It is declared that exclusion/removal of the plaintiff from the post of State Executive member and Ernakulam District Secretary of KPMS, by virtue of Ext. A3 circular is unjust, illegal and arbitrary and without complying the mandatory provisions under Ext. A1 bye-law.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant and their men are restrained from preventing the plaintiff from attending future General Conferences and State General Council meetings.
Evidence:
The defendant and their men are by way of permanent prohibitory injunction restrained from preventing or obstructing the plaintiff from attending the General Conference and State General Council meeting proposed to be held in any future.
Documents & Evidence
Document Type:
Bye Law
Submitted By:
Plaintiff
Relevance:
The bye law of Kerala Pulayar Mahasabha was produced to support the plaintiff's claim of membership and rights.
Reference:
Ext.A1
Document Type:
Circular
Submitted By:
Plaintiff
Relevance:
This circular authorizes the plaintiff to hold the charge of Kochi and Vypin union of Sabha.
Reference:
Ext.A2
Document Type:
Circular
Submitted By:
Plaintiff
Relevance:
This circular indicates the unjust removal of the plaintiff from his official responsibilities.
Reference:
Ext.A3