Dismissed

C.N.Jamaludeen, v. District Registrar General, Registration Department

Kerala HC11 Dec 2019WP(C)/31973/2019

Case brief

AI extract

What is this about?

This writ petition sought directions to the District Registrar to enquire into a registered society's activities and to police to initiate criminal action. The Bench dismissed the petition as ill-conceived, noting the Registrar lacks statutory authority for such enquiries and that criminal law can be set in motion via Code of Criminal Procedure.

What did the court decide?

No relief was granted; the writ petition was dismissed as ill-conceived.

C.N.Jamaludeen, Vs District Registrar General… — Civil Procedure and Limitation | Kerala HC (2019)

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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 P.B.SURESH KUMAR

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WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

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WP(C).No.31973 OF 2019(V)

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PETITIONER:

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C.N.JAMALUDEEN, AGED 52 YEARS S/O.MOYDEEN, KALARIKKAL HOUSE, THEKKUMCHIRA ROAD, MANGALAM P.O., PALAKKAD, PIN - 679 301.

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BY ADV. SRI.A.T.ANILKUMAR

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RESPONDENTS:

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1 DISTRICT REGISTRAR GENERAL, REGISTRATION DEPARTMENT, PALAKKAD, PIN - 678 001.

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2 SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT, PIN - 678 001.

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3 “ATMIYA TREATMENT FUNDATION” (ATF), 12/564, RUKMINI BAZAR, VADAKKANCHERRY, PALAKKAD, PIN - 678 683, REPRESENTED BY ITS GENERAL SECRETARY HYDER ALI MOULAVI, PANANKARA HOUSE.

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4 M.V.ISMAYIL MOULAVI, AGED 67 YEARS, S/O.MOULAVI, ARAFA MANZIL, PANDANKODE, MOOLAMKODE P.O., PALAKKAD - 678 684.

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5 K.K.SHAHUL HAMEED MOULAVI, AGED 64 YEARS, S/O.HAMEED MOULAVI, KULAMULLY HOUSE, KOZHENCHIRA P.O., PALAKKAD - 678684.

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6 HYDER ALI MOULAVI, GENERAL SECRETARY, ATMIYA TREATMENT FOUNDATION, S/O.ALI MOULAVI, AGED 67 YEARS, PANAMKARA HOUSE, MOOLANKODE P.O., PIN - 678 684.

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SMT.PRINCY XAVIER - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.31973 OF 2019(V)

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W.P.(C) No.31973 of 2019

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J U D G M E N T

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The prayer in the writ petition is for a direction to the first respondent to take a decision on Ext.P3 complaint and the second respondent to take appropriate action on Ext.P4 complaint. The prayer in Ext.P3 complaint, in essence, is for an enquiry into the activities of the third respondent society. The third respondent is stated to be a society registered under the Societies Registration Act. No provision in the said statute which confers authority on the first respondent to conduct an enquiry into the affairs of the third respondent society is brought to the notice of this Court. The prayer in Ext.P4 complaint, in essence, is to set criminal law in motion against the third respondent society and its office bearers. If the third respondent society or its office bearers have committed any offence, the petitioner is

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WP(C).No.31973 OF 2019(V)

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entitled to set criminal law in motion in the manner provided for under the Code of Criminal Procedure. The petitioner has no case that the remedy available to the petitioner under the Code of Criminal Procedure to set the criminal law in motion is not efficacious in any manner. The writ petition, in the circumstances, is ill conceived and the same is, accordingly, dismissed.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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WP(C).No.31973 OF 2019(V)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE BYELAW OF THE ASSOCIATION.

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EXHIBIT P2 THE TRUE COPY OF THE A.T.F. CERTIFICATE ISSUED TO THE PETITIONER. EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P5 THE TRUE COPY OF THE RECEIPT ISSUED TO THE PETITIONER AT THE TIME OF RECEIVING THE EXHIBIT P4.

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RESPONDENTS' EXHIBITS: NIL

C.N.Jamaludeen, v. District Registrar General, Registration Department

Case brief

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C.N.Jamaludeen, v. District Registrar General, Registration Department

Case brief

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