The High Court disposed of the writ petition regarding the amendment of apartment society bye-laws. The court recorded the Registrar's statement and granted the petitioner liberty to pursue other remedies instead of adjudicating the writ petition merits.
Liberty granted to petitioner to work out remedies in accordance with law.
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
FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940 WP(C).No. 39785 of 2018
PETITIONER/S:
SOMASUNDARA MENON, AGED 60 YEARS S/O.U GOVINDANKUTTY MENON H.NO.8/25, PEEDIKAPARAMBIL HOUSE, ARIKAL.P.O, MUKUNDAPURAM, THRISSUR-680688 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SIVADAS C, AGED 62 YEARS, S/O.NARAYANAN NAIR, HARISREE, AMMANKOVIL ROAD, NORTH PARAVOOR.
BY ADVS. SRI.SANTHOSH MATHEW SMT.VEENA RAVEENDRAN SRI.ARUN THOMAS SRI.VIJAY V. PAUL
RESPONDENT/S:
1 DISTRICT REGISTRAR(GENERAL), 3RD FLOOR, CC 40/1017, PERUMPILLIL BUILDING, OPPOSITE MAHARAJAS COLLEGE GROUND, ERNAKULAM-682011.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY,SR.GOVT.PLEADER FOR R1, SRI.R.T.PRADEEP FOR R2, SRI.PEEYUS A.KOTTAM FOR R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.39785/2018
2
ALEXANDER THOMAS, J.
W.P.(C)No.39785 OF 2018
Dated this the 21st day of December, 2018
JUDGMENT
The prayers in the above Writ Petition (Civil) are as follows :
“i) Issue a writ of mandamus or any other appropriate writ or order or direction, commanding the 1st respondent to not accept the amen to the bye-laws of the 2nd respondent society without taking into account the objections raised by the petitioner.
ii) Issue a writ of certiorari or any other appropriate writ, quashing the proceedings, if any, undertaken by the 1st respondent to accept the amendment to Ext.P2.
iii) Issue a writ of mandamus or any other appropriate writ or order or direction commanding 1st respondent to consider and dispose Ext.P12 representation.
iv) Grant such other reliefs which are just and necessary in the interest of justice.”
W.P.(C)No.39785/2018
3
petitioner, Sri.R.T.Pradeep, the learned counsel for the 2nd respondent, Sri.Peeys A.Kottam, the learned counsel appearing for the 4th respondent and Sri.Saigi Jacob Palatty, the learned Senior Government Pleader appearing for the 1st respondent District Registrar. Though notice has been duly served on the 3rd respondent, there is no appearance for the party.
“Sri.R.T.Pradeep, the learned counsel appearing for respondent No.2, H2O Apartment Owners Association would submit on the basis of the instruction furnished by the Secretary of the Association that it is learnt that the impugned proposal for amendment of the bye-laws made on the basis of the general body meeting held on 11.11.2017, has already been approved by the first respondent notified Registrar and that the factual position regarding the approval is also reflected in the information published in the official web site of the first respondent.
List on 18.12.2018 at 1.45 p.m.”
W.P.(C)No.39785/2018
4
"This statement is filed without prejudice to the right of this respondent to file detail Counter Affidavit if found necessary
W.P.(C)No.39785/2018
5
hear the affected/interested persons no hearing was conducted. This respondent was not aware of the pendency civil case as on 30.11.2018 when this respondent accepted the amendment of byelaw. The uploading of the byelaw in the website made by the petitioner on 30.11.2018 and that is the procedure to be followed while filing by law or amendment of byelaw
All the facts stated above are true to the best of my knowledge, belief and information."
Accordingly it is ordered that liberty is granted to the petitioner to work
W.P.(C)No.39785/2018
6
out his remedies in accordance with law.
Accordingly, the Writ Petition (Civil) will stand disposed of.
Sd/-
ALEXANDER THOMAS JUDGE
sv.
W.P.(C)No.39785/2018
7
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.2511/09 OF 15A1 EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.2512/09 OF 15B EXHIBIT P2 TRUE COPY OF THE BYE -LAWS OF THE 2ND RESPONDENT DATED 23/10/2018 OBTAINED UNDER RTI ACT FROM THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE NOTICE FOR CONVENING EXECUTIVE COMMITTEE ISSUED BY THE PREVIOUS SECRETARY DATED 14/08/2017. EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT DATED 20/08/2017. EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE MEETING DATED 23/08/2017. EXHIBIT P6 TRUE COPY OF THE NOTICE FOR CONVENING EXTRA ORDINARY GENERAL BODY DATED 14/10/2017. EXHIBIT P7 TRUE COPY OF THE EMAIL DATED 10/11/2017. EXHIBIT P8 TRUE COPY MINUTES OF THE GENERAL BODY DATED 12/11/2017. EXHIBIT P9 TRUE COPY OF THE RELEVANT PORTION OF MINUTES OF THE GENERAL BODY DATED 11/03/2018. EXHIBIT P10 TRUE COPY OF INTERIM ORDER IN IA.3098/2018 IN O.S.497/2018 DATED 14/08/2018. EXHIBIT P11 TRUE COPY OF THE ORDER IN CMA 64/2018 DATED 22/09/2018. EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 23/11/2018 SUBMITTED TO THE 1ST RESPONDENT.
W.P.(C)No.39785/2018
8
EXHIBIT P13 TRUE COPY OF THE LETTER ALONG WITH THE ACKNOWLEDGMENT DATED 10.12.2018
1 issue framed by the court
Whether to grant liberty to the petitioner to initiate appropriate proceedings instead of deciding on the writ petition.
SOMASUNDARA MENON
DISTRICT REGISTRAR (GENERAL)
H2O APARTMENT OWNERS ASSOCIATION
M/S. HOLY FAITH BUILDER & DEVELOPERS PVT LTD
A.K. RAVEENDRAN
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
