Dismissed

Rajesh v. the District Collector

Kerala HC21 Dec 2018WP(C)/42068/2018

Case brief

AI extract

What is this about?

Petitors sought directions to hold elections for a Devaswom society whose committee term expired in 2011. The Court held the District Collector lacked jurisdiction under the relevant Societies Act and directed petitioners to file civil proceedings as this is a private law matter.

What did the court decide?

None. Matter disposed of; petitioners directed to initiate civil proceedings for their remedies.

Rajesh Vs the District Collector — Property and Title | Kerala HC (2018)

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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 ALEXANDER THOMAS

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FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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WP(C).No. 42068 of 2018

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PETITIONER/S:

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1 RAJESH, AGED 40 YEARS S/O. THANKAPPAN, VELIYAKATH HOUSE, VARANAM P.O., CHERTHALA - 688 555.

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2 PRADEEP, AGED 45 YEARS, S/O. PRABHAKARAN, CHEMBIL, VARANAM P.O., CHERTHALA -688 5555.

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BY ADVS. SRI.T.T.MUHAMOOD SRI.A.MOHAMMED SAVAD SRI.A.RENJITH SRI.C.Y.VINOD KUMAR SRI.V.E.ABDUL GAFOOR

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RESPONDENT/S:

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1 THE DISTRICT COLLECTOR

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COLLECTORATE CIVIL STATION, ALAPPUZHA-688 555.

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2 THE DISTRICT REGISTRAR OF SOCIETIES VARANAM P.O., CHERTHALA, REPRESENTED BY ITS PRESIDENT, ALAPPUZHA-688 555.

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3 CHERUVARANAM SREE NARAYANAPURAM DEVASWOM VARANAM P.O., CHERTHALA, RERPESENTED BY ITS PRESIDENT, ALAPPUZHA-688 555

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4 V.M. PURUSHOTHAMAN,PRESIDENT, CHERUVARANAM SREE NARAYANAPURAM DEVASWOM, VARANAM P.O, CHERTHALA, ALAPPUZHA-688 555.

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5 P.P. VIJAYAN, SECRETARY, CHERUVARANAM SREE NARAYANAPURAM DEVASWOM, VARANAM P.O., CHERTHALA, ALAPPUZHA-688 555.

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OTHER PRESENT:

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SMT.A.C.VIDHYA,GOVT.PLEADER FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS, J.

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==================

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W.P.(C).No. 42068 of 2018

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==================

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Dated this the 21^st day of December, 2018

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J U D G M E N T

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The prayers in this Writ Petition (Civil) are as follows:

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“i) a Writ of Certiorari or any other appropriate writ, order or direction, quashing Ext. P6 Order issued by the 1^st respondent.

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ii) a Writ of Mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 conduct election to the Administrative Committee of the 3^rd respondent within a time frame to be fixed by this Hon'ble Court.

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And

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Such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.”

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Heard Sri.T.T.Muhamood, learned counsel appearing for

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the petitioner sand Smt.A.C.Vidhya, learned Govt. Pleader appearing for official respondents 1 and 2. In the nature of the order that is proposed to be passed in this petition, notice to contesting respondent Nos.3 to 5 will stand dispensed with.

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The complaint voiced by the petitioners is that the office bearers of the 3^rd respondent society, which is a society registered under the Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955, has not conducted election even though the term of the last elected committee has expired in the year 2011 and going by the mandate of the registered bye-laws of the abovesaid society, election is to be conducted once in two years. For

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W.P.(C)42068/18 - : 3 :-

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ventilating such grievances, the petitioners have preferred Exts.P-3 and P-4 representations before the 1^st respondent District Collector, who has now passed the impugned Ext.P-6 order dated 4.8.2018, stating that since the 3^rd respondent is a registered society under the abovesaid enactment, he has no powers or competence to issue any directions whatsoever in the nature of the one sought for by the petitioners, etc. It is the said decision of the 1^st respondent District Collector as reflected in Ext.P-6 proceedings dated 4.8.2018, that is under challenge in this Writ Petition.

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Having heard to the facts and circumstances of this case, it is ordered that the stand taken by the 1^st respondent District Collector in the impugned Ext.P-6 proceedings that he has not been conferred with any powers or competence under the TravancoreCochin Literary, Scientific & Charitable Societies Registration Act, 1955, to interfere with the affairs of the 3^rd respondent registered society or to issue any directions for conduct of election to the committee, etc. is correct. and therefore, the matter does not require any interdiction in writ proceedings. However, it is seen that the nature of the issues in the disputation raised by the petitioners is essentially in the domain of private law and therefore even though

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W.P.(C)42068/18 - : 4 :-

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the matter is not justiciable issue in public law proceedings, it is for the petitioners to work out their remedies by initiating appropriate civil proceedings in that regard.

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With the abovesaid liberty, the aforementioned Writ Petition (Civil) stands disposed of.

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sdk+

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Sd/- ALEXANDER THOMAS, JUDGE

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W.P.(C)42068/18 - : 5 :-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 22/07/2015 ISSUED BY THE REGISTRAR OF SOCIETIES

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EXHIBIT P2 TRUE COPY OF THE BYE LAW OF CHERUVARAM SREE NARAYANAPURAM DEVASWOM

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EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 22/03/2018 SUBMITTED BY THE 1ST PETITIONER

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EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 22/03/2018 SUBMITTED BEFORE THE 2ND RESPONDENT

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EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 13/04/2018 IN W.P(C) 13751/2018 PASSED BY THIS HONOURABLE COURT.

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EXHIBIT P6 TRUE COPY OF THE ORDER NO. N5-13450/2018 DATED 04/08/2018 ISSUED BY THE 1ST RESPONDENT

Rajesh v. the District Collector

Case brief

What is this about?

What did the court decide?

Rajesh v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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