Vellapally Natesan Files Appeal Before Kerala High Court Against Removal As SNDP General Secretary
Vellapally Natesan has approached the Kerala High Court in an appeal challenging the Single Judge judgment ordering his removal as the General Secretary of the Aruvipuram Sree Narayana Dharma Paripala Yogan (SNDP Yogam).
The litigation traces back to complaints alleging that certain directors of the Yogam had incurred disqualification under Section 164(2) of the Companies Act, 2013, primarily on grounds of non-filing of statutory returns over consecutive financial years.
In February 2024, the Inspector General of Registration had ruled that the directors had not incurred disqualification, a finding that was challenged before the High Court through multiple writ petitions.
In the impugned judgment, the single judge set aside that administrative order and held that several directors stood disqualified, vacated their offices under Section 167, and directed the authorities to appoint new directors to manage the Yogam's affairs.
The appellants in the plea, argue that the single judge's decision suffers from “fundamental jurisdictional error” and violates established principles of company law and judicial discipline.
It is further submitted that the director disqualification and internal management of a company fall exclusively within the jurisdiction of the National Company Law Tribunal (NCLT). The appellants rely on Section 430 of the Companies Act, which bars civil courts and other forums from adjudicating such matters.
They contend that by declaring directors disqualified and restructuring the board, the High Court effectively assumed the role of a statutory tribunal.
The appellants relied on a prior Division Bench decision which held that the SNDP Yogam, being a private company, is not amenable to writ jurisdiction and that disputes over its internal affairs must be resolved through statutory remedies.
The appellants also dispute the finding that the Yogam failed to file annual returns. They assert that returns were filed within extended timelines and that delays, if any, were condoned by the Government.
The appeal also challenges the observation regarding the Director Identification Numbers (DIN), noting that valid DINs issued under the Companies Act were produced. It criticizes the judgment as internally inconsistent, pointing out that the court acknowledged the absence of state rules governing DIN issuance but still relied on that ground to disqualify directors.
Case Title: V.K Natesan and Anr. v Dr. K Reghu Anchayil and Ors.
Case No: WA 693/ 2026
Counsel for Appellant: Chandapillai Abraham P.G, Issac Thomas, Paul P. Abraham, John Vithayathil