Quashed

Velanilam Kudivella Padhathi, v. the District Collector, Kottayam

Kerala HC17 Aug 2022WP(C)/9868/2022

Case brief

AI extract

What is this about?

Petitioner, a public water supply society, challenged Collector and Panchayath orders directing water supply resumption after they wrongly discontinued service. Court held Societies are governed by their by-laws and no external interference is allowed. Orders quashed.

What did the court decide?

Exts.P8 and P9 are quashed. Respondents shall not interfere with the affairs of the Society otherwise than in accordance with law.

Velanilam Kudivella Padhathi, Vs the District… — Public Procurement and Tenders | 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 V.G.ARUN

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WEDNESDAY, THE 17^TH DAY OF AUGUST 2022 / 26TH SRAVANA, 1944

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WP(C) NO. 9868 OF 2022

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PETITIONER:

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VELANILAM KUDIVELLA PADHATHI, REPRESENTED BY ITS SECRETARY, REG. NO.K 205/2005, VELANILAM P.O., MUNDAKKAYAM, KOTTAYAM686 514. BY ADVS. LIJI.J.VADAKEDOM REXY ELIZABETH THOMAS TOM E. JACOB

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, KOTTAYAM, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM-686 001.

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2 ADDITIONAL DISTRICT MAGISTRATE-KOTTAYAM, COLLECTORATE P.O., KOTTAYAM-686 001.

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3 MUNDAKKAYAM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, OFFICE OF THE MUNDAKAYAM GRAMA PANCHAYAT, MUNDAKKAYAM, KOTTAYAM-686 513.

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4 THE SECRETARY, MUNDAKKAYAM GRAMA PANCHAYAT, OFFICE OF THE MUNDAKAYAM GRAMA PANCHAYAT, MUNDAKKAYAM, KOTTAYAM-686 513.

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5 SANTHAMMA KUNJUMON, POOTHAKKUZHY HOUSE, VELANILAM P.O., MUNDAKKAYAM, KOTTAYAM686 514. BY ADVS. RIYAL DEVASSY, GOVERNMENT PLEADER CHITHRA CHANDRASEKHARAN, SC FOR THE PANCHAYATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.9868 OF 2022

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JUDGMENT

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Dated this the 17^th day of August, 2022

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The petitioner is a Society registered under the provisions of the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955. The operational area of the petitioner Society is confined to ward Nos.1, 2 and 21 of Mundakkayam Grama Panchayath and Ward No.12 of Koottickal Grama Panchayath. The Society was formed by the residents of the aforementioned wards with the objective of finding a solution to the problem of water scarcity in the area. In order to achieve this objective, the Society established a drinking water project by name ‘Velanilam Kudivella Padhathi’,which has been supplying water to more than 800 families. The project is functioning with the financial assistance from MP Fund, MLA Fund and funds from other public authorities. Sometime back, the 5^th respondent's son made certain derogatory comments about the Society and its office bearers

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WP(C) NO.9868 OF 2022

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through social media. As the 5^th respondent and her son refused to withdraw the comments, the petitioner Society stopped supply of water to the residence of the 5^th respondent. Aggrieved, the 5^th respondent filed Ext.P6 complaint before the District Collector, who, in turn, passed Ext.P8 order, directing the 3^rd respondent Panchayath to ensure that the water supply to the 5^th respondent’s residence is resumed forthwith.

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Learned Counsel for the petitioner contended that the petitioner is a private Society, rendering service to the public. The activities of the Society is governed by Ext.P3, its registered by-laws. The District Collector or his subordinate officers have no authority to interfere in the internal affairs of the Society. Learned Counsel also submitted that water supply to the 5^th respondent’s residence has been restored and the Society has no intention of disconnecting the supply now. The Society’s grievance is only regarding illegal interference in its affairs by the District Collector and the Panchayath.

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WP(C) NO.9868 OF 2022

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Reference is made to the by-laws and the provisions of the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act to contend that, administration and activities of Societies like the petitioner are governed by the Act, Rules and bylaws. It is also submitted that, in the statement filed by the 1^st respondent, the above contention is not seen refuted.

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Learned Government Pleader and learned Standing Counsel for the Panchayath submitted that the intervention was required due to the sudden disconnection of water supply to the 5^th respondent’s residence. Being a legitimate grievance, the Collector had directed the Panchayath to ensure restoration of water supply.

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Having heard the learned Counsel for the parties, I find substantial merit in the contention of the petitioner that the functioning of the Societies registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act are governed by the provisions of the Act and the

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WP(C) NO.9868 OF 2022

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registered by-laws. There cannot be any intervention into the internal affairs of such Societies, either by the District Collector or the Panchayath. If there is any allegation regarding the functioning of a Society, action can be taken in accordance with the provisions of the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act.

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Based on the above findings, the writ petition is disposed of as under;

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Exts.P8 and P9 are quashed. The submission made on behalf of the petitioner that, water supply to the 5^th respondent’s residence has been restored and the Society does not intend to disconnect the water supply is recorded. The 1^st and 3^rd respondents shall not interfere with the affairs of the petitioner Society, otherwise than in accordance with law.

Sd/-

V.G. ARUN.

JUDGE

NB/17-8

WP(C) NO.9868 OF 2022

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PETITIONER’S EXHIBITS	APPENDIX O	F WP(C) 9868/2022
EXHIBIT P1	THE COPY WITH REG. REGISTRAR REGISTRATI	OF THE CERTIFICATE OF REGISTRATION NO.K 205/2005 ISSUED IN FAVOUR OF THE UNDER THE TRAVANCORE COCHIN SOCIETIES ON ACT, 1955.
EXHIBIT P1 A	THE RELEV SHOWING TH	ANT EXTRACT OF THE BYE-LAWS 1 TO 5 E FORMATION AND STATEMENT OF OBJECTS.
EXHIBIT P2	3 COPIES PUBLISHED	OF WHATSAPP MESSAGES LEARNED TO BE FROM MOBILE NO.9946895715.
EXHIBIT P3	THE RELEV OF THE PET	ANT EXTRACT OF THE COPY OF BYE-LAW 6 ITION SOCIETY,
EXHIBIT P4	THE COPY	OF THE NOTICE DATED 18.01.2022 ISSUED
	BY THE RESPONDENT	PETITIONER SOCIETY TO THE 5TH .
EXHIBIT P5	THE COPY ISSUED BY	OF THE COMMUNICATION DATED 27.01.2022 THE SOCIETY TO THE 5TH RESPONDENT.
EXHIBIT P6	THE COPY SUBMITTED DISTRICT INFORMATIO	THE COMPLAINT DATED 28/01/2021 BY THE 5TH RESPONDENT BEFORE THE COLLECTOR (OBTAINED UNDER THE RIGHT TO N ACT).
EXHIBIT P7	THE COPY DM2 DATED THE PROVIS	OF THE NOTE FILED NO.DCKTM/1593/2022- 16.02.2022 RELATING TO RECEIVED UNDER IONS OF THE RTI ACT.
EXHIBIT P8	THE COPY BY THE 2ND	OF THE ORDER DATED 08.02.2022 SIGNED RESPONDENT TO THE 4TH RESPONDENT.
EXHIBIT P9	THE COPY ISSUED BY	OF THE COMMUNICATION DATED 09.02.2022 THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P10	THE COPY PETITIONER RESPONDENT	OF THE EXPLANATION SUBMITTED BY THE DATED 10.02.2022 TO THE 4TH .
EXHIBIT P11	THE COPY BY THE 4TH	OF THE NOTICE DATED 10.02.2022 ISSUED RESPONDENT.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Velanilam Kudivella Padhathi, v. the District Collector, Kottayam

Case brief

What is this about?

What did the court decide?

Velanilam Kudivella Padhathi, v. the District Collector, Kottayam

Case brief

What is this about?

What did the court decide?

What the court decided

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