Dr.Nadakkalvil Mohammed Mujeeb ... vs The District Registrar (General)
2021 Latest Caselaw 8866 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       WP(C).No.2928 OF 2021(M)


PETITIONER:

               DR.NADAKKALVIL MOHAMMED MUJEEB RAHIMAN
               AGED 53 YEARS
               S/O.THE LATE DR.N.K.MOHAMMED, JAMAL MANZIL, NIZAR
               HOSPITAL, PATTAMBI ROAD, VALANCHERRY, MALAPPURAM
               DISTRICT, PIN - 676 552.

               BY ADVS.
               SRI.VINOD RAVINDRANATH
               SMT.MEENA.A.
               SRI.K.C.KIRAN
               SMT.M.R.MINI
               SRI.M.DEVESH
               SRI.ASHWIN SATHYANATH
               SHRI.ANISH ANTONY ANATHAZHATH
               SHRI.THAREEQ ANVER

RESPONDENTS:

      1        THE DISTRICT REGISTRAR (GENERAL)
               OFFICE OF THE DISTRICT REGISTRAR (GENERAL)
               MANANCHIRA, KOZHIKODE, PIN - 673 001.

      2        MUSLIM EDUCATIONAL SOCIETY
               REPRESENTED BY ITS GENERAL SECRETARY PROF.
               P.O.JAMALUDHEEN LABBA, MES OFFICE, KANNUR ROAD,
               NADAKKAVU P.O., KOZHIKODE, PIN - 673 011.

      3        DR.P.A.FAZAL GAFOOR
               PRESIDENT, MUSLIM EDUCATIONAL SOCIETY, MES OFFICE,
               KANNUR ROAD, NADAKKAVU P.O., KOZHIKODE, PIN - 673
               011.

               R2-3 BY ADV. SRI.BABU KARUKAPADATH


               ADV.SMT.VINITHA.B, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2928 OF 2021(M)

                                   2




                                JUDGMENT

Dated this the 17 th day of March 2021

The petitioner claims to be a member of

the Muslim Educational Society, which was

registered under the Societies Registration

Act, 1860. The complaint of the petitioner

is that the 3rd respondent, who is the

President of the 2nd respondent society, is

under the guise of amendment carried to the

bye laws of the 2nd respondent society,

taking action against the petitioner. It

is also his case that the petitioner has

submitted Ext.P9 complaint before the 1st

respondent stating that the amendments are

carried out contrary to the bye law and the

3rd respondent can not take any action on

the basis of such amended provisions.

2. In Ext.P9 complaint, the petitioner WP(C).No.2928 OF 2021(M)

requested the 1st respondent to take action

against the 2nd respondent, pointing out

the unauthorised amendment of the bye law,

stating that the said amendment is already

registered.

3. The learned Government Pleader on

instructions submits that the Registrar has

already informed the petitioner as per

letter dated 07.01.2021 that no amendment

has been produced or registered as alleged

by the petitioner.

4. Heard Adv.Sri.Krishnanunni, the

learned Senior counsel appearing for the

petitioner, Adv.Smt.Vaheeda Babu M.A, the

learned counsel appearing for respondent

Nos.2 and 3 and the learned Government

Pleader.

5. As the petitioner's complaint

relates to amendment to the bye laws and

the 1st respondent has not received so far WP(C).No.2928 OF 2021(M)

and as the learned Government Pleader

submitted that the 1st respondent has

already informed the same in reply to

Ext.P9, further grievance, if any, for the

petitioner has to be raised elsewhere.

The writ petition is accordingly

disposed of.

Sd/-

P.V.ASHA JUDGE DM WP(C).No.2928 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER DATED 27/05/2020 CIRCULATED AMONG THE OFFICE BEARERS OF THE SOCIETY BY THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE STATEMENTS MADE IN THE PRESS CONFERENCE.

EXHIBIT P3 TRUE COPY OF THE MEMO DATED 27/10/2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE BYE-LAW AS AVAILABLE ON THIS DAY.

EXHIBIT P5 TRUE COPY OF THE REPLY DATED 20/11/2020 THROUGH LAWYER TO EXT.P3 MEMO.

EXHIBIT P6 TRUE COPY OF THE REPLY DATED 02/12/2020 SENT BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF NOTICE DATED 05/12/2020 SENT BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE REPLY DATED 23/12/2020 TO EXT.P7 NOTICE.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 19/12/2020 BY THE PETITIONER BEFORE THE DISTRICT REGISTRAR.

EXHIBIT P10 TRUE COPY OF THE REPORT SUBMITTED BY ASSISTANT COMMISSIONER OF POLICE BEFORE JUDICIAL FIRST CLASS MAGISTRATE, KOZHIKODE IN C.M.P.NO.620/2019 DATED 06/03/2020.