Vellakkad Muhammed Abdurahiman vs The District Registrar (General)
2021 Latest Caselaw 905 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      WP(C).No.26603 OF 2020(A)


PETITIONER:

               VELLAKKAD MUHAMMED ABDURAHIMAN
               MEMORIAL EDUCATIONAL SOCIETY(REG.NO.97/79),
               REPRESENTED BY ITS PRESIDENT,
               JOSEPH KATTATHARA,
               S/O SCARIA,
               AGED 60 YEARS,
               KARIPPAL P.O, KANNUR - 670141,
               RESIDING AT KATTATHARA HOUSE,
               KARIPPAL P .O, PERUMBADAVU,
               KANNUR - 670 581.

               BY ADV. SRI.MAHESH V. RAMAKRISHNAN

RESPONDENTS:

      1        THE DISTRICT REGISTRAR (GENERAL),
               KANNUR, OFFICE OF THE DISTRICT REGISTRAR(GENERAL),
               GUNDERT ROAD, THALASSERY, KANNUR - 670101.

      2        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               REGISTRATION DEPARTMENT,SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

               R1-2 BY SMT.PRINCY XAVIER ,GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26603 OF 2020

                                    2




                             JUDGMENT

Dated this the 11th day of January 2021

The petitioner is a Society registered

under the Societies Registration Act, 1860. It

is stated that, the petitioner is conducting an

Aided School. The present Executive Committee

was elected in the year 2018 as per Exhibit P2.

When the petitioner submitted the returns, it

was not accepted by the Registrar on the ground

that all the previous returns have to be filed

and then only it can be accepted. According to

the petitioner, it is not possible for the

present Executive Committee to file the returns

for the previous years as it is practically

impossible.

2. Learned Government Pleader points out

that the District Registrar has acted strictly

in accordance with law. Exhibit P4 letter was

issued directing the petitioner to file all the

returns in arrears pointing out that the WP(C).No.26603 OF 2020

Society was registered as 97/1979. Even the

present returns was not filed within the period

of 14 days. The District Registrar found that

law does not permit the Registrar to accept a

return unless all the returns are filed from

1979 onwards. According to the petitioner, the

Society has been running an Aided School namely

Muhammed Abdurahiman Memorial L.P. School,

Vellakkad, and the Managers were being given

approval by the Educational Authorities from

time to time, and the last approval is Ext.P5

of 19-04-2019.

3. The contentions raised by both the

parties appear to be correct. In the absence

of any rule permitting the Registrar to deal

with such a contingency where it is practically

impossible for the Society which is in power to

furnish all the returns ever since its

registration, I am of the view that this is a

matter which requires consideration by the

Government. The petitioner shall submit a WP(C).No.26603 OF 2020

representation before the Government along with

the copy of the judgment within a period of 2

months from the date of receipt of copy of this

judgment. The Government shall take a decision

in the matter, after affording an opportunity

of hearing to the petitioner within a further

period of 3 months from the date of its

receipt.

This writ petition is thus ordered.

Sd/-

P.V. ASHA JUDGE SSK/11/01 WP(C).No.26603 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE BYE-LAWS OF THE PETITIONER SOCIETY.

EXHIBIT P2 TRUE COPY OF THE MINUTES OF THE ELECTION GENERAL BODY MEETING OF THE PETITIONER SOCIETY HELD ON 20.02.2018.

EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE NEWLY ELECTED EXECUTIVE COMMITTEE MEETING HELD ON 20.02.2018.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.G3/1119/2020 DATED 07.10.2020 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS DATED 29.04.2019 OF THE ASST. EDUCATIONAL OFFICER, TALIPARAMBA NORTH.

RESPONDET'S/S EXHIBITS:       NIL

SSK

                          //TRUE COPY//         PA TO JUDGE