Petitioner challenged action taken by the President of Muslim Educational Society based on alleged unauthorized bye-law amendments. Court noted the District Registrar had already rejected the petitioner's complaint regarding the amendments. Petition disposed without further adjudication.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942 WP(C).No.2928 OF 2021(M)
PETITIONER:
DR.NADAKKALVIL MOHAMMED MUJEEB RAHIMAN AGED 53 YEARS S/O.THE LATE DR.N.K.MOHAMMED, JAMAL MANZIL, NIZAR HOSPITAL, PATTAMBI ROAD, VALANCHERRY, MALAPPURAM DISTRICT, PIN - 676 552.
BY ADVS. SRI.VINOD RAVINDRANATH SMT.MEENA.A. SRI.K.C.KIRAN SMT.M.R.MINI SRI.M.DEVESH SRI.ASHWIN SATHYANATH SHRI.ANISH ANTONY ANATHAZHATH SHRI.THAREEQ ANVER
RESPONDENTS:
1 THE DISTRICT REGISTRAR (GENERAL) OFFICE OF THE DISTRICT REGISTRAR (GENERAL) MANANCHIRA, KOZHIKODE, PIN - 673 001.
2 MUSLIM EDUCATIONAL SOCIETY REPRESENTED BY ITS GENERAL SECRETARY PROF. P.O.JAMALUDHEEN LABBA, MES OFFICE, KANNUR ROAD, NADAKKAVU P.O., KOZHIKODE, PIN - 673 011. 3 DR.P.A.FAZAL GAFOOR PRESIDENT, MUSLIM EDUCATIONAL SOCIETY, MES OFFICE, KANNUR ROAD, NADAKKAVU P.O., KOZHIKODE, PIN - 673 011. R2-3 BY ADV. SRI.BABU KARUKAPADATH ADV.SMT.VINITHA.B, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 17th day of March 2021
The petitioner claims to be a member of the Muslim Educational Society, which was registered under the Societies Registration Act, 1860. The complaint of the petitioner is that the 3rd respondent, who is the President of the 2nd respondent society, is under the guise of amendment carried to the bye laws of the 2nd respondent society, taking action against the petitioner. It is also his case that the petitioner has submitted Ext.P9 complaint before the 1st respondent stating that the amendments are carried out contrary to the bye law and the 3rd respondent can not take any action on the basis of such amended provisions.
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requested the 1st respondent to take action
against the 2nd respondent, pointing out the unauthorised amendment of the bye law,
stating that the said amendment is already registered.
instructions submits that the Registrar has already informed the petitioner as per letter dated 07.01.2021 that no amendment has been produced or registered as alleged by the petitioner.
learned Senior counsel appearing for the
petitioner, Adv.Smt.Vaheeda Babu M.A, the learned counsel appearing for respondent
Nos.2 and 3 and the learned Government Pleader.
relates to amendment to the bye laws and
the 1st respondent has not received so far
WP(C).No.2928 OF 2021(M)
and as the learned Government Pleader submitted that the 1st respondent has already informed the same in reply to Ext.P9, further grievance, if any, for the petitioner has to be raised elsewhere.
The writ petition is accordingly disposed of.
Sd/-
P.V.ASHA JUDGE
DM
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 27/05/2020 CIRCULATED AMONG THE OFFICE BEARERS OF THE SOCIETY BY THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE STATEMENTS MADE IN THE PRESS CONFERENCE. EXHIBIT P3 TRUE COPY OF THE MEMO DATED 27/10/2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE BYE-LAW AS AVAILABLE ON THIS DAY. EXHIBIT P5 TRUE COPY OF THE REPLY DATED 20/11/2020 THROUGH LAWYER TO EXT.P3 MEMO. EXHIBIT P6 TRUE COPY OF THE REPLY DATED 02/12/2020 SENT BY THE 3RD RESPONDENT. EXHIBIT P7 TRUE COPY OF NOTICE DATED 05/12/2020 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE REPLY DATED 23/12/2020 TO EXT.P7 NOTICE.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 19/12/2020 BY THE PETITIONER BEFORE THE DISTRICT REGISTRAR.
EXHIBIT P10 TRUE COPY OF THE REPORT SUBMITTED BY ASSISTANT COMMISSIONER OF POLICE BEFORE JUDICIAL FIRST CLASS MAGISTRATE, KOZHIKODE IN C.M.P.NO.620/2019 DATED 06/03/2020.
2 issues framed by the court
Whether the petitioner's grievance regarding unregistered amendment of bye-laws and subsequent action requires adjudication by this court.
Whether the Direction to the District Registrar which had already been issued in Ext.P9 can be revisited in this writ petition.
1 provisions across 1 enactments
Dr.Nadakkalvil Mohammed Mujib Rahiman
The District Registrar (General), Mananchira, Kozhikode
Muslim Educational Society
Dr.P.A.Fazal Gafoor
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
