Allowed

Federation of Residence Association v. the District Registrar(General)/Society Registrar

Kerala HC20 Sept 2014WP(C)/18421/2014

Case brief

AI extract

What is this about?

The Court allowed the writ petition set aside two orders passed by the Lok Ayukta regarding a dispute over the registration list of a society, holding that the Lok Ayukta lacked adjudicatory power to enforce decisions on such matters and directed the Registrar to revoke actions taken based on those orders.

What did the court decide?

The orders dated 11.4.2014 and 13.5.2014 passed by the Lok Ayukta (Exts. P3 and P6) are set aside; the 1st Respondent is directed to revoke any decision based on those orders.

Federation of Residence Association Vs the District… — Company and Corporate | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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SATURDAY, THE 20TH DAY OF SEPTEMBER 2014/29TH BHADRA, 1936

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WP(C).No. 18421 of 2014 (C)

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PETITIONERS :

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-------------------

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1. FEDERATION OF RESIDENCE ASSOCIATION, THIRUVANANTHAPURAM(FRAT), REGISTER NO.T-50/93 HAVING ITS OFFICE AT TC 27/1808, VRA-A-19 VANCHIYOOR P.O., THIRUVANANTHAPURAM-35 REPRESENTED BY ITS GENERAL SECRETARY, P.SATHEESH KUMAR.

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2. P.SATHEESH KUMAR, GENERAL SECRETARY, FEDERATION OF RESIDENCE ASSOCIATION THIRUVANANTHAPURAM(FRAT), REGISTER NO.T-50/93 HAVING ITS OFFICE AT TC 27/1808, VRA-A-19 VANCHIYOOR P.O., THIRUVANANTHAPURAM-35.

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BY ADVS.SRI.G.P.SHINOD

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SRI.RAM MOHAN.G. SRI.MANU V. SRI.GOVIND PADMANAABHAN

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RESPONDENTS :

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----------------------

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1. THE DISTRICT REGISTRAR(GENERAL)/SOCIETY REGISTRAR, OFFICE OF THE DISTRICT REGISTRAR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-695 023.

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2. VIJAYAKUMAR N.

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THE DISTRICT REGISTRAR(GENERAL)/SOCIETY REGISTER, OFFICE OF THE DISTRICT REGISTRAR, TRANSPORT BHAVAN,

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FORT P.O., THIRUVANANTHAPURAM-695 023.

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3. PARINAYAM DEVAKUMAR @ DEVAKUMAR R.T.,

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S/O. D.RAPHAEL, PARINAYAM CHAMBERS, VANCHIYOOR,

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THIRUVANANTHAPURAM-695 035.

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R1 BY GOVERNMENT PLEADER SRI. T.P. SAJID R2 BY ADV. SRI.G.SUDHEER R3 BY ADVS. SRI.P.B.SAHASRANAMAN

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SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.RAAJESH S.SUBRAHMANIAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2014, THE COURT ON 20-09-2014 DELIVERED THE FOLLOWING:

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WP(C).No. 18421 of 2014 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : COPY OF THE ORDER NO.M1-2041/13 DTD.18.3.2014 OF THE 1ST RESPONDENT.

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P2 : COPY OF THE COMPLAINT NO.784/2014 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE HON'BLE LOK AYUKTA.

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P3 : COPY OF THE ORDER DTD.11.4.2014 PASSED BY THE LOK AYUKTA IN IA NO.626/2014 IN COMPLAINT NO.784 OF 2014.

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P4 : COPY OF THE AFFIDAVIT IN COMPLAINT NO.676/14, DTD.25.4.2014.

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P5 : COPY OF THE IA NO.651 OF 2014 IN COMPLAINT NO.784/2014 FILED BY PETITIONERS BEFORE THE LOK AYUKTA.

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P6 : COPY OF THE ORDER DTD.13.5.2014 PASSED BY THE HON'BLE LOK AYUKTA IN COMPLAINT NO.784 OF 2014.

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P7: COPY OF THE PROGRAMME NOTICE OF THE HALF YEARLY GENERAL BODY MEETING OF THE FIRST PETITIONER.

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RESPONDENT(S)' EXHIBITS :

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EXT.R3(a): COY OF THE REPLY OF THE R1 DT 13/9/2013

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EXT.R3(b): COPY OF THE NOTICE NOTICE CIRCULATED BY THE 2ND PETITIONER AND HIS ASSOCIATES.

//TRUE COPY//

P.A. TO JUDGE

A.MUHAMED MUSTAQUE, J.

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W.P.(C).No. 18421 of 2014

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Dated this the 20^th day of September, 2014

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The first petitioner is a Society registered under the

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Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 (hereinafter referred to as ‘Act’ for short). The petitioner as well as respondents have submitted the list of elected office bearers of the Association in terms of Section 7(3) of the Act. The 1^st respondent Registrar referred the parties to resolve the dispute through the civil court as he cannot act upon the list provided by the two different fractions.

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It appears that 3^rd respondent approached Lok Ayukta complaining about the 1^st respondent Registrar refusing to accept the list provided to him. Lok Ayuktha passed Ext.P3 order and directed the Registrar to accept the list without delay. This order appears to have been passed as an interim order at the stage of admission. Thereafter Ext.P6 order was passed on appearance of parties. Ext.P6 is the detailed order passed by the Lok Ayukta.

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W.P.(C).No.18421 of 2014

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In the order, it is stated that there is no impediment in accepting the return filed by the complainant, who is the 3^rd respondent herein and the remedy available to the disputant is to approach the competent civil court. Accordingly complaint was closed.

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The Registrar as per Ext.P1 had acted judiciously with

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reasons. This Court in State of Kerala v. Bernard [2002 (3)

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KLT 254] held that Lokayukta has neither any adjudicatory power nor the power to enforce the recommendation or finding. The nature of the order that can be passed by the Lok Ayukta is only recommendary. In this case even without investigations directions were issued to the statutory authority. The 1^st respondent, as has been noted above acted in a fair manner on the facts and circumstances of the case. There is nothing in the finding in Exts. P3 and P6 that the 1^st respondent has abused his powers vested in him as a public servant or shown to have indulged in corrupt practices.

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Considering the above, I am of the view that Lok Ayuktha exceeded its jurisdiction by issuing order in the nature of Exts.P3 and P6. Accordingly Exts.P3 and P6 are set aside. If any

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W.P.(C).No.18421 of 2014

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decision is taken based on the order passed by the Lok Ayuktha

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in Exts.P3 and P6, the 1^st respondent shall revoke such action.

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Writ petition is allowed as above. No costs.

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Sd/

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A.MUHAMED MUSTAQUE, JUDGE

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jm/

Federation of Residence Association v. the District Registrar(General)/Society Registrar

Case brief

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Federation of Residence Association v. the District Registrar(General)/Society Registrar

Case brief

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