IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 13785 OF 2022
PETITIONERS:
1 PUSHPALAL,
AGED 62 YEARS, S/O. THOMAS,
RESIDING AT CHITHRALAYAM, KOTTIYAM,
KOLLAM DISTRICT 691 571.
2 ACHUTHAN ,
AGED 63 YEARS, S/O. CHENNAN,
RESIDING AT VARUVILAVEEDU,
VADAKKEDATH KAVU P.O. KOLLAM DISTRICT 691 551.
3 R. KUTTAPPAN,
AGED 70 YEARS, S/O. RAMAN ,
RESIDING AT KARINGOTTU CHARUVILA VEEDU,
PULAMAN P.O., KOLLAM DISTRICT 691 531.
4 G. RAVEENDRAN,
AGED 67 YEARS, S/O. GOVINDAN,
RESIDING AT PULARI, MULAVANA P.O.,
KUNDARA, KOLLAM DISTRICT 691 501.
BY ADVS.
K.C.SANTHOSHKUMAR
K.K.CHANDRALEKHA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REGISTRATION, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM 695 001.
2 THE INSPECTOR GENERAL OF REGISTRATION,
OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
VANCHIYOOR, THIRUVANANTHAPURAM 695 001.
3 THE DISTRICT REGISTRAR,
CIVIL STATION, KOLLAM 691 013.
4 SIDHANAR SERVICE SOCIETY,
CENTRAL OFFICE,
KOTTATHALA, KOLLAM DISTRICT 691 507.
REPRESENTED BY ITS SECRETARY.
5 THE PRESIDENT,
SIDHANAR SERVICE SOCIETY, CENTRAL OFFICE,
KOTTATHALA, KOLLAM DISTRICT 691 507.
W.P.(C).No.13785/2022
2
6 GENERAL SECRETARY,
SIDHANAR SERVICE SOCIETY, CENTRAL OFFICE,
KOTTATHALA, KOLLAM DISTRICT 691 507.
7 ATTINGAL SREEDHARAN,
RESIDING AT SREERAG, MARKET ROAD,
ATTINGAL P.O., THIRUVANANTHAPURAM 695 101.
8 VARIYATH PURUSHOTHAMAN,
RESIDING AT GOVINDA VILASAM, IRUMPANANGAD PO.,
EZHUKON, THIRUVANANTHAPURAM 691 505.
BY ADVS.Harikumar C
N.ASHOK KUMAR
SANDRA SUNNY(K/926/2020)
ARUN KUMAR M.A(K/1197/2021)
VIDYA KURIAKOSE, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.13785/2022
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.13785 of 2022
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Dated this the 26th day of May, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or other appropriate writ, order or direction to the respondents No.1 to 3 or competent among them to take immediate steps to replace the present state committee of the 4th respondent society by forming an adhoc committee to forsee the day to day administration till the assumption of the new democratically elected committee.
ii. Issue a writ of mandamus or other appropriate writ, order or direction to the respondents No.1 to 3 to ensure the free and fair election to the State executive committee of 4th respondent. iii. Issue a writ of mandamus or other appropriate writ, order or direction to the respondents No.1 to 3 or competent among them to take up, consider and pass. appropriate orders on Ext.P3 representation within the time stipulated by this Honourable Court.
iv. Issue a direction to the respondents No. 5 to 8 or W.P.(C).No.13785/2022 4 any of the members of the present executive committee not to interfere in any manner with the election process to the executive committee for the year 2022 to 2025.
v. To grant such other and further reliefs this Hon'ble Court may deem fit and proper in the interest of justice.
(SIC)
2. When this writ petition came up for consideration, the learned counsel for the petitioners limited his prayer for a consideration of Ext.P3 representation by the 3 rd respondent.
The learned counsel appearing for respondents 4 to 6 and 8 seriously opposed the same and submitted that the 3 rd respondent has no authority to consider Ext.P3 representation. The learned counsel also submitted that the petitioners have no authority to file such a representation before the 3rd respondent. The learned counsel further submitted that this Court may not issue any direction to the 3rd respondent.
3. After hearing both sides, I think the request of the petitioners can be allowed without making any observation on merit. All the contentions of respondents 4 to 6 and 8 can be W.P.(C).No.13785/2022 5 left open. They are free to agitate the matter before the 3 rd respondent. Before passing final orders in Ext.P3 representation, the 3rd respondent will give an opportunity of hearing to respondents 4 to 6 and 8. The 3 rd respondent will consider the question of maintainability also before proceeding with Ext.P3 representation.
Therefore, this writ petition is disposed of in the following manner:
1. The 3rd respondent is directed to consider and pass appropriate orders in Ext.P3 representation, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The petitioners and the contesting respondents shall appear before the 3 rd respondent on 01.06.2022 with a copy of this judgment.
2. Before passing final orders in Ext.P3, the 3 rd respondent will give an opportunity of hearing to the petitioners and respondents 4 to 8.
3. It is made clear that this Court has not considered the matter on merit and the 3 rd W.P.(C).No.13785/2022 6 respondent is free to pass appropriate orders in accordance to law.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.13785/2022 7 APPENDIX OF WP(C) 13785/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE BYE-LAW ADOPTED BY THE 4TH RESPONDENT. Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 05.01.2022 AND MADE IN O.S. NO.
190/2021 ON THE FILE OF THE COURT OF MUNSIFF, KOTTARAKKARA.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 21.02.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. Exhibit P4 TRUE COPY ACKNOWLEDGEMENT DATED 26.2.2022 ISSUED BY THE IST RESPONDENT.
Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 02.03.2022 ISSUED BY THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF ACKNOWLEDGEMENT DATED 25/02/22 ISSUED BY THE 3RD RESPONDENT. Exhibit P7 TRUE COPY OF THE FIR IN CRIME NO.
2556/2021.
Exhibit P8 TRUE COPY OF THE WRIT PETITION IN WPC NO. 3962/2022 FILED BY THE 6TH RESPONDENTS BEFORE THIS HONOURABLE COURT.
Exhibit P9 TRUE COPY OF A NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 31.12.2019.