The Panackappalam Rubber ... vs The District Registrar (General)
2021 Latest Caselaw 4283 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                        WP(C).No.24856 OF 2017(F)


PETITIONER:

              THE PANACKAPPALAM RUBBER PRODUCERS' SOCIETY,
              REGN.NO.218/89,
              REPRESENTED BY ITS PRESIDENT,
              PLASANAL P.O.,
              KOTTAYAM DISTRICT, PIN-686579

              BY ADV. SRI.GEORGEKUTTY MATHEW

RESPONDENTS:

     1        THE DISTRICT REGISTRAR (GENERAL),
              THE OFFICE OF DISTRICT REGISTRAR GENERAL,
              KOTTAYAM.

     2        THE RUBBER BOARD,
              REP. BY ITS DEVELOPMENT OFFICER,
              ERATTUPETTA REGION,
              MANCKAL COMPLEX,
              ERATTUPETTA P.O,
              KOTTAYAM DISTRICT, PIN-686122.

              R2   BY   ADV. SRI.CHANDAPILLAI ABRAHAM
              R2   BY   ADV. SRI.V.ABRAHAM MARKOS
              R2   BY   ADV. SRI.ABRAHAM JOSEPH MARKOS
              R2   BY   ADV. SRI.HARAN THOMAS GEORGE
              R2   BY   ADV. SRI.ISAAC THOMAS
              R2   BY   ADV. SRI.JERIE RAMESH
              R2   BY   ADV. SMT.RACHEL ABRAHAM
              R1   BY   GOVERNMENT PLEADER SMT. DEEPA NARAYANAN

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.24856/2017
                                 :2 :




                         JUDGMENT

~~~~~~~~~

Dated this the 5th day of February, 2021

The petitioner, a Rubber Producers' Society, is

before this Court seeking to quash Ext.P10 and to direct the

respondents not to cause any obstruction in continuing the

existing activities of the petitioner.

2. By Ext.P9 order, the District Registrar General has

informed the petitioner that the name of the Society has been

removed from the Register of Societies invoking Section 34 of

the Travancore Cochin Literary, Scientific and Charitable

Societies Registration Act, 1955.

3. Heard learned counsel for the petitioner and

learned Government Pleader.

4. The pleadings would disclose that the petitioner-

Society was served with a notice under Section 33 of the Act,

1955. To the said notice, the petitioner submitted Ext.P6 reply WP(C) No.24856/2017

wherein it has been stated that they have been filing all the

requisite returns including audit reports to the Registrar

promptly since the year 1992. They have not defaulted in

filing returns and audit reports of the Board of Directors.

However, by Ext.P9 order, the District Registrar informed that

since the petitioner was issued with a registered letter dated

31.01.2013 and since the petitioner has not filed annual

returns within three months from the date of that letter, the

Society will be treated as defunct. The District Registrar thus

informed the petitioner that the name of the Society is

removed from the register.

5. The contention of the 1 st respondent is that in spite

of issuance of notice to the petitioner, the petitioner failed to

file annual returns as contemplated by the Act, 1955 and the

Rules, and therefore, removal of the name of the petitioner-

Society from the Registrar of Societies is amply justified.

6. Section 30 of the Travancore Cochin Literary,

Scientific and Charitable societies Registration Act, 1955,

reads as follows:-

WP(C) No.24856/2017

"30. Registrar to maintain a register of societies-

(1) The Registrar shall maintain a register of societies in which shall be entered the name of every society, the location of its office, the date of its registration and the names of the documents filed in pursuance of the provisions of this Act.

(2) The memorandum and all other documents relating to each society shall be kept filed in a separate file book maintained for each society.

(3) Where the Registrar has reasonable cause to believe that a society is not functioning, he shall send to the society by post a registered letter inquiring whether the society is functioning.

(4) If the Registrar either receives an answer from the society to the effect that it is not functioning or does not within one month after sending the letter referred to in sub-section (3), receive any answer, he may publish in the [Kerala Government Gazette] and send to the society by post a registered notice that at the expiration of three months from the date of that notice, the name of the society mentioned therein will, unless cause is shown to the contrary, be struck off the register as defunct."

A reading of Section 30 of the Act, 1955 would show that it

relates to maintenance of Registers of Societies and if a

notice is issued under this provision and if the Registrar

receives answer from the Society, then he will not be justified

in removing the Society from the Register of Societies.

Non-filing of annual returns therefore cannot be a ground to WP(C) No.24856/2017

invoke the powers under Section 30 of the Act, 1955.

7. In the facts and circumstances of the case, Ext.P9

order is set aside. The District Registrar is directed to issue

fresh notice to the petitioner and hear the petitioner in the

matter and pass orders afresh. Ext.P10 gazette notification

shall be recalled depending upon the decision of the District

Registrar.

Writ petition is disposed of as above.

Sd/-

N. NAGARESH, JUDGE

aks/05.02.2021 WP(C) No.24856/2017

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 01.06.1989 UNDER THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 21.07.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 THE TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SHOWING THE SUBMISSION OF STATEMENTS BEFORE THE 1ST RESPONDENTS ON 09.04.2008.

EXHIBIT P4            TRUE     COPY     OF     THE      POSTAL
                      ACKNOWLEDGEMENT   CARD    SHOWING    THE

SUBMISSION OF THE STATEMENTS BEFORE THE 1ST RESPONDENT ON 01.11.2008.

EXHIBIT P5            TRUE     COPY     OF     THE      POSTAL
                      ACKNOWLEDGEMENT   CARD    SHOWING    THE

SUBMISSION OF ANNUAL RETURNS BEFORE THE 1ST RESPONDENT ON 09.02.2011.

EXHIBIT P6 TRUE COPY OF REPLY DATED 02.03.2013 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7            TRUE     COPY     OF     THE      POSTAL
                      ACKNOWLEDGEMENT   CARD    SHOWING    THE

SUBMISSION OF ANNUAL RETURN BEFORE THE 1ST RESPONDENT ON 19.09.2014.

EXHIBIT P8            TRUE     COPY       OF     THE      POSTAL
                      ACKNOWLEDGEMENT     CARD    SHOWING    THE
                      SUBMISSION    OF    ANNUAL    RETURN    ON

17.10.2016 BEFORE THE 1ST RESPONDENT.

EXHIBIT P9            TRUE   COPY    OF   THE  LETTER  DATED
                      21.10.2016     ISSUED   BY   THE   1ST
                      RESPONDENT.
 WP(C) No.24856/2017



EXHIBIT P10           TRUE COPY OF THE GAZETTE NOTIFICATION
                      DATED 08.04.2014.

EXHIBIT P11           TRUE COPY OF THE RELEVANT EXTRACT OF
                      THE AUDITED ACCOUNTS STATEMENT.



SR