IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 18666 OF 2022
PETITIONER/S:
1 SIDHANAR SERVICE SOCIETY
REGISTER NO. Q4/1968 HAVING ITS CENTRAL OFFICE
KOTTATHALA, KOTTARAKKARA, KOLLAM-691566, REPRESENTED BY
ITS GENERAL SECRETARY K RAVI KUMAR, S/O. KOCHUKUNJ,
AGED 44 YEARS, RESIDING AT KAMUKUMPALLIL HOUSE,
EZHAMKULAM, ENATHU VILLAGE, ADOOR, PATHANAMTHITTA-
691526.
2 K RAVI KUMAR,
AGED 44 YEARS
S/O. KOCHUKUNJ, RESIDING AT KAMUKUMPALLIL VEEDU,
KADIKA, KAITHAPRAMPU, ENATHU VILLAGE, ADOOR TALUK,
PATHANAMTHITTA-691526.
3 O. SUDHAMANI,
AGED 45 YEARS
PRESIDENT, SIDHANAR SERVICE SOCIETY, W/O. BABU,
RESIDING AT BABU VILASAM, EDAKKAD, PORUVAZHI VILLAGE,
KUNNATHOOR TALUK, KOLLAM-691552.
BY ADVS.
R.S.KALKURA
M.S.KALESH
R.BINDU
HARISH GOPINATH
PARVATHI ANIL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, DEPARTMENT OF REGISTRATION, GOVERNMENT OF
KERALA, THIRUVANANTHAPURAM-695001.
2 THE INSPECTOR GENERAL OF REGISTRATION
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
VANCHIYOOR, THIRUVANANTHAPURAM-695001.
3 DISTRICT REGISTRAR,
CIVIL STATION, KOLLAM-691013.
4 VARIYATH PURUSHOTHAMAN
RESIDING AT GOVINDA VILASAM, IRUMPANANGAD P.O.,
EZHUKON, THIRUVANANTHAPURAM-691505.
WP(C) NO. 18666 OF 2022
2
5 K.G. ANITHA,
AGED 46 YEARS
D/O. K.C. GOPALAN, RESIDING AT KODUVASSERIL
HOUSE, PANNYALI, OMALLOOR, KOZHENCHERY,
PATHANAMTHITTA-689647.
6 VINOD,
AGED 45 YEARS
VINOD MANDIRAM, PAVITHRESWARAM P.O., PUTHOOR
VILLAGE, KOTTARAKKARA, KOLLAM-691505.
7 SULOCHANA,
AGED 50 YEARS
PANCHIVILA VEEDU, NELLIKKUNNAM P.O., UMMANNOOR
VILLAGE, KOTTARAKKARA, KOLLAM-691520.
SRI. P.S.APPU - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18666 OF 2022
3
JUDGMENT
Dated this the 14th day of June, 2022 The petitioner is a Society registered with the objective of uplifting the weaker sections of persons belonging to the Sidha (Kurava) Community in the State of Kerala. The functioning of the petitioner is governed by its bylaws. The management and administration of the society is vested with a Central Executive Committee, election to which is to be conducted once in three years.
2. According to the petitioner, unwarranted interference on the part of respondents 4 to 7 had affected the proper functioning of the Society. As a result, the general body meeting and the election could not be held in time. The Executive Committee, therefore, decided to extend the term of the existing office bearers by six months. The petitioner has submitted Ext.P10 representation before the Registrar of Societies seeking approval for the decision to extend the tenure of the Executive Committee. The grievance of the petitioner is regarding the delay in WP(C) NO. 18666 OF 2022 4 considering the representation.
In view of the limited relief sought, the Writ Petition is disposed of, directing the third respondent to take up Ext.P10 representation and to pass appropriate orders thereon, after affording an opportunity of hearing to the petitioner and other interested persons, if any. The order, as directed above, shall be passed within an outer limit of two months of receipt of a copy of this judgment.
Sd/-
V.G.ARUN JUDGE RK WP(C) NO. 18666 OF 2022 5 APPENDIX OF WP(C) 18666/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE YEAR 1968 ISSUED BY THE REGISTRAR OF SOCIETIES UNDER THE TRAVANCORE-COCHIN LITERARY SCIENTIFIC CHARITABLE SOCIETIES ACT PERTAINING TO THE PETITIONER. Exhibit P2 TRUE COPY OF THE RELEVANT PORTIONS OF THE BYELAW VIZ. CLAUSE 85 WITH REGARD TO ELECTION TO THE OFFICE BEARER SHIP OF THE CENTRAL EXECUTIVE COMMITTEE OF THE 1ST PETITIONER SOCIETY.
Exhibit P3 TRUE COPY OF SUB-RULES FRAMED UNDER SECTION 72 OF THE BYELAWS FOR EFFECTUATING THE ELECTIONS OF THE OFFICE BEARERSHIP OF THE CENTRAL EXECUTIVE COMMITTEE.
Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE BYELAWS OF THE 1ST PETITIONER CONTAINING RULE 37(3) & 37 (6) OF THE SAID BYELAW.
Exhibit P5 TRUE COPY OF THE DISMISSAL ORDER DATED 23.12.2021 IN I.A.NO.1 OF 2021 IN O.S. 443 OF 2021 ON THE FILE OF THE MUNSIFF'S COURT, KOTTARAKKARA. Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 24.05.2022 IN CMA 2 OF 2022 ON THE FILE OF THE SUBORDINATE JUDGES COURT, KOTTARAKKARA.
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 16.03.2022 IN W.P.C. NO. 3962 OF 2022 ON THE FILE OF THIS HON'BLE COURT.
Exhibit P8 TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE DATED 03.04.2022 OF THE 1ST PETITIONER.
Exhibit P9 TRUE COPY OF THE MINUTES OF RESOLUTION OF THE DIRECTOR BOARD OF THE 1ST PETITIONER DATED 23.04.2022.
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 2.6.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.