Disposed

Elamaram Yatheem Khana v. the District Registrar General and Registrar of Societies

Kerala HC5 Jul 2021WP(C)/8461/2021

Case brief

AI extract

What is this about?

In a writ petition concerning management appointment and approval of office bearers of a school society, the court observed that the dispute-respondent had passed away. It directed the petitioner to submit a proposed list of office bearers to the District Registrar and forward a proposal to the educational authorities for Manager approval in accordance with law.

What did the court decide?

Petitioner directed to get office bearers approved by District Registrar and forward proposal to educational authorities for approval of Manager.

Elamaram Yatheem Khana Vs the District Registrar… — Education and Admissions | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 5^TH DAY OF JULY 2021 / 14TH ASHADHA, 1943

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WP(C) NO. 8461 OF 2021

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PETITIONER:

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ELAMARAM YATHEEM KHANA P.O. VAZHAKKAD, MALAPPURAM, REPRESENTED ITS SECRETARY, K.V. MOHAMMED ABDUL RAHMAN, S/O. MUHAMMED HAJI, AGED 74 YEARS, K.V. HOUSE, PARAPPATH, P.O. VAZHAKKAD , MAMALLPURAM. 673 640. BY ADVS. ABDUL RAOOF PALLIPATH SRI.K.MUHAMMED THOYYIB SRI.K.R.AVINASH (KUNNATH)

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RESPONDENTS:

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1 THE DISTRICT REGISTRAR GENERAL AND REGISTRAR OF SOCIETIES DISTRICT REGISTRARS OFFICE (GENERAL), UPHILL, MALAPPURAM 676 505.

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2 THE ASSISTANT EDUCATIONAL OFFICER, ASSISTANT EDUCATIONAL OFFICE (AE OFFICE), KONDOTTI, MALAPPURAM 673 638.

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3 K.V. MOHAMMED YAQOOB, S/O. MUHAMMED HAJI, AJNAS QUARTERS, OPP METRO HOTEL, VELLAYIL P.O. KOZHIKODE 673 011.

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4 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION, DEPARTMENT, SECRETARIAT, TRIVANDRUM 695 001.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8461 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following prayers: -

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i) declare that the K.V.Muhammad Abdul Rahman who is the present elected Secretary of the petitioner alone is entitled to be the manager of the two school run by the petitioner association.

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ii) issue a writ of mandamus or any other writ or order directing the 2^nd respondent to renew the appointment of K.V.Muhammad Abdul Rahman who is the present elected Secretary of the petitioner as the Manager of the two school run by the petitioner association for the year 2021-2022.

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iii) issue writ of mandamus or any other writ or order directing the respondent to accept and approve the list of office bearers submitted by the petitioner for the year 2021-2022.

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iv) issue writ of mandamus or any other writ or order directing the 1^st respondent to consider and pass appropriate order on the Exhibit P6 and P7 complaints pending before him in a time bound manner.

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Heard the learned counsel for the petitioner and the

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learned Government Pleader.

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It is submitted by the learned counsel for the petitioner

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that there was a dispute with regard to the Management of the School between the Society and the 3^rd respondent, who claimed

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to be the Secretary of the Society. It is submitted that, after the

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filing of the writ petition, the 3^rd respondent passed away. It is,

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WP(C) NO. 8461 OF 2021

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therefore, submitted by the learned counsel for the petitioner that since it was the 3^rd respondent who had raised the dispute, the present Secretary of the Society is entitled to be appointed and approved as Manager of the school.

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The learned Government Pleader would submit that the educational authorities are empowered only to consider the eligibility for appointment as Manager of the educational institution. It is submitted that the dispute with regard to membership of the Society and approved list of office bearers of the Society is a matter which is pending before the 1^st respondent and the educational authorities can consider the question of approval of Manager only if an approved list of office bearers and a proposal of the educational agency for approval of Manager is sent up to them.

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Having heard the learned counsel on either side, I notice the fact that the 3^rd respondent has passed away after the filing of this writ petition. I am of the opinion that it is for the petitioner to take appropriate steps for getting the list of office

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WP(C) NO. 8461 OF 2021

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bearers duly approved by the 1^st respondent and to forward a proposal to the educational authorities for approval of Manager in accordance with law. In case appropriate steps are taken by the Society, the issue shall be considered by the educational authorities, in accordance with law.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/05.07.2021

WP(C) NO. 8461 OF 2021

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APPENDIX OF WP(C) 8461/2021

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PETITIONER EXHIBIT

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EXHIBIT P1	TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE 1ST RESPONDENT DATED 16.1.1971.
EXHIBIT P2	TRUE COPY OF THE CONSTITUTION OF THE PETITIONER APPROVED BY THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM WITH HIS ORDER NO. B3/11674/2017K.DIS. DATED 18/7/2017.
EXHIBIT P3	TRUE COPY OF THE ORDER NO.C/2287/2020/K. DIS. DATED 20.10.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE REQUEST LETTER NO. REF.EY/33/2021 DATED 9.3.2201 ALONG WITH THE LIST OF OFFICE BEARERS FOR THE YEAR 2021-22.
EXHIBIT P5	TRUE COPY OF THE LIST OF OFFICE BEARERS FURNISHED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT.
EXHIBIT P6	TRUE COPY OF THE COMPLAINT BEFORE THE 1ST RESPONDENT SUBMITTED BY THE OFFICE BEARER OF THE PETITIONER DATED 9.3.2021.
EXHIBIT P7	TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER DATED 25.3.2021 BEFORE THE 1ST RESPONDENT.
EXHIBIT P8	TRUE COPY OF THE LIST FILED BEFORE THE WAKF BOARD WITH REGISTRATION CERTIFICATE OBTAINED UNDER RTI ACT DATED 3.3.21.
EXHIBIT P9	TRUE COPY OF THE LETTER NO. C/579/2021 DATED 10.3.2021 ISSUED BY THE 2ND RESPONDENT ALONG WITH COMPLAINT OF THE 3RD RESPONDENT.
EXHIBIT P10	TRUE COPY OF THE REPLY REF. EY/EDN/11/21 DATED 27.3.2021 BEFORE THE 2ND RESPONDENT..

Elamaram Yatheem Khana v. the District Registrar General and Registrar of Societies

Case brief

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Elamaram Yatheem Khana v. the District Registrar General and Registrar of Societies

Case brief

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