Kerala High Court
Saraswathi vs State Of Kerala on 1 February, 2021
WP(C).No.2101 OF 2021(K)
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942
WP(C).No.2101 OF 2021(K)
PETITIONER/S:
1 SARASWATHI
AGED 55 YEARS
W/O.LAKSHMANAN, PRESIDENT, NENMA KUDUMBASREE UNIT,
CHENGANIYOORKAVU, MATHUR AGRAHARAM POST, ALATHUR
TALUK, PALAKKAD DISTRICT-678571, RESIDING AT
KIZHAKKATHARA HOUSE, MATHUR AGRAHARAM POST, ALATHUR
TALUK, PALAKKAD DISTRICT-678571.
2 SUNDARI,
W/O.LATE KUMARAN, PRESIDENT, BHADRA KUDUMBASREE
UNIT, CHENGANIYOORKAVU, MATHUR AGRAHARAM POST,
ALATHUR TALUK, PALAKKAD DISTRICT-678571, RESIDING
AT MELEPPURA HOUSE, CHENGANIYOORKAVU, MATHUR
AGRAHARAM POST, ALATHUR TALUK, PALAKKAD DISTRICT-
678571.
3 SINDHU,
W/O.SIDHARTHAN, PRESIDENT, BHAGAVATHY KUDUMBASREE
UNIT, CHENGANIYOORKAVU, MATHUR AGRAHARAM POST,
ALATHUR TALUK, PALAKKAD DISTRICT-678571, RESIDING
AT KIZHAKKEKKARA HOUSE, MATHUR AGRAHARAM POST,
ALATHUR TALUK, PALAKKAD DISTRICT-678571.
4 SREENISHA,
W/O.SATHEESH, PRESIDENT, PUNYA KUDUMBASREE UNIT,
CHENGANIYOORKAVU, MATHUR AGRAHARAM POST, ALATHUR
TALUK, PALAKKAD DISTRICT-678571, RESIDING AT
KURUPPANPURA HOUSE, CHENGANIYOORKAVU, MATHUR
AGRAHARAM POST, ALATHUR TALUK, PALAKKAD DISTRICT-
678571.
5 BABY.S.,
W/O.SIVADAS, PRESIDENT, SREELAKSHMI KUDUMBASREE
UNIT, CHENGANIYOORKAVU, MATHUR AGRAHARAM POST,
ALATHUR TALUK, PALAKKAD DISTRICT-678571, RESIDING
AT KAKKAMADA HOUSE, CHENGANIYOORKAVU MATHUR
AGRAHARAM POST, ALATHUR TALUK, PALAKKAD DISTRICT-
678571.
WP(C).No.2101 OF 2021(K)
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BY ADVS.
SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P
SRI.JOPHY POTHEN KANDANKARY
RESPONDENT/S:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT MISSION COORDINATOR,
KUDUMBASREE, CIVIL STATION, PALAKKAD-678001.
3 THE CHAIRPERSON,
COMMUNITY DEVELOPMENT SOCIETY, MATHUR GRAMA
PANCHAYAT, MATHUR POST, ALATHUR TALUK, PALAKKAD
DISTRICT-678571.
4 THE MEMBER SECRETARY,
COMMUNITY DEVELOPMENT SOCIETY, MATHUR GRAMA
PANCHAYAT, MATHUR POST, ALATHUR TALUK, PALAKKAD
DISTRICT-678571.
5 SMT.SHAKKEENA,
W/O.THAJUDHEEN, THE CHAIRPERSON, COMMUNITY
DEVELOPMENT SOCIETY, MATHUR GRAMA PANCHAYAT, MATHUR
POST, ALATHUR TALUK, PALAKKAD DISTRICT-678571,
RESIDING AT KULATHINKAL HOUSE, CHENGANIYOORKAVU,
MATHUR AGRAHARAM POST, ALATHUR TALUK, PALAKKAD
DISTRICT-678571.
6 PRIYA,
W/O.BABU, PRESIDENT, THEERTHA KUDUMBASREE UNIT,
CHENGANIYOORKAVU, MATHUR AGRAHARAM POST, ALATHUR
TALUK, PALAKKAD DISTRICT-678571, RESIDING AT
KAKKAMPOTTA, MATHUR AGRAHARAM POST, ALATHUR TALUK,
PALAKKAD DISTRICT-678571.
OTHER PRESENT:
SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2101 OF 2021(K)
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JUDGMENT
Dated this the 1st day of February 2021
The Writ Petition is filed seeking the following
directions:
I. Call for the records relating to Exts.P1 and P21;
II. Issue a writ of mandamus or other appropriate writ or
order or direction, declaring that the petitioners' units are
entitled to be renewed with their affiliation and accordingly
it may be declared so as renewed the same with effect from
20.01.2021, at any rate;
III. Issue a writ of mandamus or appropriate writ or order
or direction declaring that the petitioners' units are
entitled to take part in the election as borne out from
Exts.P14 and accordingly allow them to take part in the same,
in the full-fledged manner.
2. At the time when the Writ Petition was filed election
was scheduled to be held as prescribed in Ext.P14 commencing
from 25.01.2021 and culminating on 01.03.2021.
3. Learned counsel for the petitioners submits that the
Government has issued an order by which the election stands
postponed and therefore there is no scope for election before
June 2021. Application for renewal of affiliation submitted by
the petitioners were not allowed. As per Exts.P16 to P19 the 3 rd
respondent had informed the petitioners that certain procedural
formalities had to be completed and action would be taken for
completing the audit and for granting the affiliation. This
Court had passed an interim order allowing the petitioners to
elect their President provisionally.
WP(C).No.2101 OF 2021(K)
As the Government has issued orders postponing the
election, the Writ Petition is disposed of with a direction to
the 3rd respondent to complete the formalities which are required
as stated in Exts.P16 to P19 in furtherance to Exts.P5 to P9 and
to issue orders within a period of two months from today.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.2101 OF 2021(K)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED ON
REGISTRATION BY THE 2ND PETITIONER'S UNIT
DATED 29.03.2019.
EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 21.05.2018
ISSUED ON REGISTRATION OF THE 3RD
PETITIONER'S UNIT.
EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 28.02.2018
ISSUED ON REGISTRATION OF THE 4TH
PETITIONER'S UNIT.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 11.03.2019
ISSUED TO THE 5TH PETITIONER'S UNIT IN
SIMULTANEOUS WITH THE REGISTRATION OF THE
SAME.
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 06.01.2021
ISSUED TO THE FIRST PETITIONER ON
ACCEPTANCE OF APPLICATION FOR RENEWAL OF
AFFILIATION FOR THE UNIT.
EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 06.01.2021
ISSUED TO THE 2ND PETITIONER ON ACCEPTANCE
OF APPLICATION FOR RENEWAL OF AFFILIATION
FOR THE UNIT.
EXHIBIT P7 TRUE COPY OF THE RECEIPT DATED 06.01.2021
ISSUED TO THE 3RD PETITIONER ON ACCEPTANCE
OF APPLICATION FOR RENEWAL OF AFFILIATION
FOR THE UNIT.
EXHIBIT P8 TRUE COPY OF THE RECEIPT DATED 06.01.2021
ISSUED TO THE 4TH PETITIONER ON ACCEPTANCE
OF APPLICATION FOR RENEWAL OF AFFILIATION
FOR THE UNIT.
EXHIBIT P9 TRUE COPY OF THE RECEIPT DATED 06.01.2021
ISSUED TO THE 5TH PETITIONER ON ACCEPTANCE
OF APPLICATION FOR RENEWAL OF AFFILIATION
FOR THE UNIT.
EXHIBIT P10 TRUE COPY OF THE RECEIPT DATED 06.01.2021
ISSUED TO THE 6TH RESPONDENT ON ACCEPTANCE
OF APPLICATION FOR RENEWAL OF AFFILIATION
FOR THE UNIT.
WP(C).No.2101 OF 2021(K)
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
11.01.2021 SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE LETTER DATED 14.01.2021
SENT BY THE 2ND RESPONDENT TO THE 3RD/5TH
RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED
15.01.2021 PASSED ON BY THE 4TH RESPONDENT
TO THE 3RD/5TH RESPONDENT.
EXHIBIT P14 TRUE COPY OF GO(P)NO.9/2021/LSGD DATED
13.01.2021.
EXHIBIT P15 TRUE COPY OF THE ORDER DATED ON 18.01.2021
PASSED IN WP(C)NO.1317/2021.
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 20.01.2021
ISSUED IN THE CASE OF THE FIRST
PETITIONER'S UNIT.
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 20.01.2021
ISSUED IN THE CASE OF THE 2ND PETITIONER'S
UNIT.
EXHIBIT P18 TRUE COPY OF THE ORDER DATED 20.01.2021
ISSUED IN THE CASE OF THE 3RD PETITIONER'S
UNIT.
EXHIBIT P19 TRUE COPY OF THE ORDER DATED 20.01.2021
ISSUED IN THE CASE OF THE 4TH PETITIONER'S
UNIT.
EXHIBIT P20 TRUE COPY OF THE COMMUNICATION DATED
20.01.2021.
EXHIBIT P21 TRUE COPY OF THE CLAUSES 8.3.1 TO 8.3.5 AND
14.1 TO 14.7 OF THE BYE-LAW OF KUDUMBASREE
SYSTEM.
EXHIBIT P22 TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 18/12/2018 ISSUED TO 'THEERTHA
KUDUMBASREE UNIT'.
