Dismissed
T.P.Sulaika v. State of Kerala
Kerala HCWP(C)/25495/2016
Case brief
from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940
WP(C).No. 25495 of 2016
PETITIONER/S:
1 T.P.SULAIKA AGED 62 YEARS, W/O.MOHAMMED AMEEN P.P., MOULANA HOUSE, KOOTAYI PO, TIRUR TALUK, MALAPPURAM 676 562.
2 P.P.BAVA SO.KUNJAHAMMED NALAMKANDATHIL HOUSE KOOTAYI PO, TIRUR TALUK, MALAPPURAM 676 562.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY SECRETARY, REGISTRATION DEPARTMENT, SECRETARIAT, TRIVANDRUM 695 001.
2 REGISTRATION DEPUTY INSPECTOR GENERAL NORTH CENTRE ZONE, TRISSUR 680 001.
3 DISTRICT REGISTRAR GENERAL REGISTRAR OF SOCIETIES, MALAPPURAM 676 505.
5 P.P.MOHAMMED YASEEN S/O. MOHAMMEDKUTTY, MOULANA HOUSE, POST KUTTAYI, TIRUR TALUK, MALAPPURAM DISTRICT ,PIN- 676 562 ADDL. R5 IMPLEADED AS PER ORDER DATED 13.12.2018 IN I.A.NO.1 OF 2018 IN W.P.(C)NO.25495/2018
BY ADV. SRI.ASHWIN SATHYANATH
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1 TO R3, SRI.ASWIN SATHYANATH FOR R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.25495/2018
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ALEXANDER THOMAS, J.
W.P.(C)No.25495 of 2016
Dated this the 13th day of December, 2018
JUDGMENT
The prayers in the above Writ Petition (Civil) are as follows:
“(i) To call for the Ext.P7 and to set aside the same by issuing writ of certiorari.
ii) To issue writ, order or direction in the nature of mandamus directing the 1st respondent to finalize the proceeding under Ext.P8 and to take immediate action and to pass orders on merits within a time limit, in the interest of justice.
iii) To issue writ, order or direction in the nature of mandamus directing the 1st respondent or concerned respondent to finalize the proceeding under Ext.P8 and to take immediate action on the irregularities of respondents and to keep in abeyance the further proceedings under Ext.P7 and to pass orders on merits within a time limit, in the interest of justice
counsel appearing for the petitioners and Sri. T.Krishnanunni, senior counsel instructed by Sri.Aswin Sathyanath, the learned
counsel appearing for respondent No.4 and Sri. Saigi Jacob Palatty, the learned Senior Government Pleader appearing for official respondents 1 to 3.
W.P.(C)No.25495/2018
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Societies Registration Act, 1860, will be taken on file as
conceived in Section 4 of the said Act as no other list has been submitted before him.
W.P.(C)No.25495/2018
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certified copy of this judgment will stand excluded for the purpose of exclusion of time as conceived in Section 14 of the Limitation Act. All the contentions of the petitioners are left open to be decided in appropriate proceedings. But, this Court has only made a limited order, going by the nature of the facts in this case, the present matter maynot be amenable to judicial review interference in public law proceedings and all contentions of the petitioners are left open to be decided independently by the Civil Court and any such decision of the Civil Court should be rendered independently and uninflueced and untrammelled by the observations and orders of this Court in this judgment.
With the above said liberty, the above mentioned writ petition (civil) will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
acd
W.P.(C)No.25495/2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KOOTAYI HIGH SCHOOL CEOMMITTE ISSUED BY DISTRICT REGISTRAR, REGISTRAR OF SOCIETY MALAPPURAM. EXHIBIT P2 THE TRUE PHOTOCOPY OF THE PROCEEDING OF THE DEPUTY DIRECTOR (EDCATION) MALAPPURAM DATED 2.8.86 EXHIBIT P3 TRUE PHOTOCOPY OF THE BYELAW OF KOOTAYI HIGH SCHOOL COMMITTEE WITH REGISTRATION 13/60 EXHIBIT P4 THE TRUE PHOTOCOPY OF THE COMPLAINT BEFORE THE DISTRICT REGISTRAR, MALAPPURAM DATED 4.9.2015 EXHIBIT P5 THE TRUE PHOTOCOPY OF THE RECEIPT ISUED BY DISTRICT REGSITRAR MALAPPURAM DATED 8.9.2015 EXHIBIT P6 THE TRUE PHOTOCOPY OF THE JUDGMENT IN WP 18124/16 OF THIS HONOURABLE COURT EXHIBIT P7 THE TRUE PHOTOCOPY OF THE ORDER OF THE 3RD RESPONDENT EXHIBIT P8 THE TRUE PHOTOCOPY OF THE APPEAL BEFORE THE GOVERNMETN
TRUE COPY
P.S. TO JUDGE.
2 issues framed by the court
Whether the District Registrar's order accepting a list of office bearers is amenable to challenge under writ jurisdiction.
Whether the period from filing the writ petition until six weeks after the judgment should be excluded for limitation purposes.
Colour shows how this judgement treated each authority
C.M.Z. Musliar v. Aboobacker [1998(1) KLT 136]Explained¶38
2 provisions across 2 enactments
T.P.SULAIKA
P.P.BAVA
STATE OF KERALA
REGISTRATION DEPUTY INSPECTOR GENERAL NORTH CENTRE ZONE
DISTRICT REGISTRAR GENERAL REGISTRAR OF SOCIETIES
THE SECRETARY KOOTAYI HIGH SCHOOL COMMITTEE
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court