Disposed

Kerala Association for Rural Development v. Union of India

Kerala HC21 Feb 2022WP(C)/1332/2022

Case brief

AI extract

What is this about?

This writ petition challenges the delay in the petitioner's registration by the Registrar of Societies in Lakshadweep, citing a vacant post as the cause. The court directed the 3rd respondent to consider the petitioner's application and take a decision within 20 days.

What did the court decide?

The 3rd respondent was directed to consider the petitioner's application for registration and take an appropriate decision within 20 days.

Kerala Association for Rural Development Vs… — Pension and Retirement Benefits | Kerala HC (2022)

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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 N.NAGARESH

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MONDAY, THE 21^ST DAY OF FEBRUARY 2022/2ND PHALGUNA, 1943

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WP(C) NO. 1332 OF 2022

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PETITIONER:

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KERALA ASSOCIATION FOR RURAL DEVELOPMENT, REG NO.Q 545/06, PRAKASH BUILDING, KALLUVATHUKKAL P.O., KOLLAM 691 578, REP.BY ITS SECRETARY SREEJA R.

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BY ADVS. R.KRISHNA RAJ E.S.SONI KUMARI SANGEETHA S.NAIR RESMI A. R.PRATHEESH

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY

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ITS SECRETARY TO GOVERNMENT, MINISTRY OF SKILL DEVELOPMENT AND ENTREPRENEURSHIP, DIRECTORATE OF JAN SHIKSHAN SANSTHAN 10/4, JAMNAGAR HOUSE, SHAHJAHAN ROAD, NEW DELHI 110 011.

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2 UNION TERRITORY OF LASKHADWEEP REPRESENTED BY ITS ADMINISTRATOR, OFFICE OF THE LAKSHADWEEP ADMINISTRATOR, SECRETARIAT BUILDING, KAVARATTI, LASKHADWEEP 682 555.

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3 THE REGISTRAR OF SOCIETIES, REGISTRATION DEPARTMENT OF SOCIETIES, KAVARATTI, UNION TERRITORY OF LASKHADWEEP 682 555.

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BY ADVS. R1 SRI.S.MANU, ASGI R1 SRI.V.GIREESH KUMAR, CGC R2-R3 SRI.SAJITH KUMAR V., SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.1332/2022

JUDGMENT

Dated this the 21^st day of February, 2022

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The petitioner–Kerala Association for Rural

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Development, Kollam is aggrieved by the delay in its registration by the 3^rd respondent, which is a pre-condition for implementing the Scheme of Jan Shikshan through NGOs by the Ministry of Skill Development and Entrepreneurship of the Central Government, as the post of Registrar of Societies is vacant in the Lakshadweep Administration. The petitioner seeks to direct the respondents to register the petitioner at the Union Territory of Lakshadweep as sanctioned by Ext.P1 considering Ext.P2 application.

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The non-registration of the petitioner–Association is said to be due to the fact that the post of Registrar of Association is vacant in the Lakshadweep Island for a long

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WP(C)No.1332/2022

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time and the powers of the Registrar have not been delegated to any other authorities.

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Respondents 2 and 3 filed a Statement. The respondents submitted that at the time of submission of the application by the petitioner, the present Registrar of Cooperative Societies was not empowered by the competent authority. Such delegation was subsequently made. The petitioner was informed that there are two defects in the application and the application along with documents is returned. After rectification of the defects, the same can be considered.

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The learned counsel for the petitioner submitted that the petitioner has resubmitted the application after curing the defects on 18.02.2022. Therefore, it is for the respondents to now register the petitioner–Association.

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In view of the stand taken by the respondents, the writ petition is disposed of directing the 3^rd respondent to

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consider the application of the petitioner for registration and

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take appropriate decision thereon within a period of 20 days.

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Sd/- N. NAGARESH JUDGE

ncd/21.02.2022

APPENDIX OF WP(C) 1332/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY OF THE SANCTION LETTER OF THE UNION GOVERNMENT DATED 30.6.2021
Exhibit P2	TRUE COPY OF THE APPLICATION FILED BY
	ONE MOHAMMED SAFARULLA KHAN. P FOR REGISTRATION OF SOCIETY ALONG WITH MEMORANDUM OF ASSOCIATION AND RULES AND REGULATIONS DATED NIL
Exhibit P3	TRUE COPY OF THE LETTER OF THE 1ST
	RESPONDENT TO THE PETITIONER DATED 7.1.2022
Exhibit P4	TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 31.12.2021
Exhibit P5	TRUE COPY OF THE LETTER OF THE
	PETITIONER TO THE 2ND RESPONDENT
	REQUESTING THE EXPEDITION OF
	REGISTRATION OF SOCIETY DATED 10.10.2021
Exhibit P6	TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 10.11.2021
Exhibit P7	TRUE COPY OF THE LETTER OF THE
	PETITIONER TO THE CENTRAL GOVERNMENT 4.10.2021
Exhibit P8	TRUE COPY OF THE LETTER OF THE JSS
	LAKSHADWEEP TO THE 1ST RESPONDENT DATED 16.10.2021
Exhibit P9	TRUE COPY OF THE LETTER OF THE JSS
	LAKSHADWEEP TO THE 2ND RESPONDENT DATED 16.10.2021
Exhibit P10	TRUE COPY OF THE LETTER OF THE JSS
	LAKSHADWEEP TO THE 1ST RESPONDENT DATED 28.12.2021
EXHIBIT P11	TRUE COPY OF THE GUIDDELINES OF JSS
	ALONG WITH LIST OF NEWLY SANCTIONED JSS DATED 17.01.2022.

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RESPONDENTS' EXHIBITS

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EXHIBIT R2(a)	A TRUE	COPY OF	THE	NOTIFICATION
	F.NO.24/1/	2012-SERV	ICES	(1)3317 DATED
	13.12.2021 (SERVICES)	ISSUED	BY	THE DIRECTOR
EXHIBIT R2(b)	A TRUE	COPY	OF	THE LETTER
	F.NO.40/10	/2021-COO	P/56	DATED
	17.01.2022	ISSUE	D B	Y THE 3RD
	RESPONDENT SHRI.MOHAM	TO MED SAFAR	THE ULLAK	APPLICANT, HAN
EXHIBIT R2(c)	A TRUE	COPY	OF	THE LETTER
	F.NO.40/10	/2021-COO	P. DA	TED 15.02.2022
	ISSUED BY	THE 3RD	RESP	ONDENT TO THE
	APPLICANT,	SHRI.MOH	AMMED	SAFARULLAKHAN

Kerala Association for Rural Development v. Union of India

Case brief

What is this about?

What did the court decide?

Kerala Association for Rural Development v. Union of India

Case brief

What is this about?

What did the court decide?

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