Kerala High Court
M.Krishnadas vs State Of Kerala on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 24110 OF 2021
PETITIONER:
1 M.KRISHNADAS
AGED 54 YEARS
TREASURER, TRITHALA EDUCATION SOCIETY, MALEPPURATH
HOUSE, MEZHATHUR P.O, PALAKKAD DISTRICT - 679534.
BY ADV R.K.MURALEEDHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GENERAL EDUCATION
DEPARTMENT, THIRUVANANTHAPURAM - 695001.
2 THE DEPUTY DIRECTOR OF EDUCATION
PALAKKAD, PALAKKAD DISTRICT - 678001.
3 K.V. SAYED MOHAMMED,
KALLIVALAPPIL, THRITHALA,
PALAKKAD DISTRICT - 679634.
BY ADV. SRI. BIJOY CHANDRAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC NO.24110 OF 2021
2
JUDGMENT
Dated this the 03rd day of November, 2021
Trithala Education Society which was formed in
the year 1953, is governed by a written bylaw.
Disputes arose regarding its managership, which
resulted in Ext.P4 direction in 2017. Subsequently,
Ext.P4 was recalled by Ext.P5 Government Order and
D.E.O. was directed to function as Manager.
Challenging Ext.P4 and Ext.P5, Writ Petitions were
filed by which the second respondent was directed to
consider and determine the members of the Society
and to conduct election.
2. Alleging that in total disregard of and in
violation of Ext.P6 judgment, Ext.P7 order was
passed. It is now subjected to a revision by Ext.P8,
which is pending before the first respondent.
Claiming that, though the petitioner had an option of
filing a contempt against Ext.P8 revision challenging
Ext.P7, contending that Ext.P7 was issued in violation
WPC NO.24110 OF 2021
of the judgment of this Court as a more practical
measure, the revision is filed. Apart from the prayer
for an early disposal of Ext.P8 revision, there is a
further prayer that the first respondent shall consider
Ext.P8 after calling for the records of Annual Returns
from the Registrar General, Palakkad.
3. Having heard the learned Counsel for the
petitioner and the learned Government Pleader
representing respondents 1 and 2 and without issuing
notice to the 3rd respondent, I am inclined to dispose
of the Writ Petition itself by directing the first
respondent to take up, consider and dispose of Ext.P8
revision with notice to the petitioner, 3 rd respondent
and after giving a reasonable opportunity to all
interested parties, either physically or online and pass
appropriate orders, as expeditiously as possible, at
any rate, within a period of three months from the
date of receipt of a copy of this judgment. The first
respondent shall consider whether the records
relating to Annual Returns submitted before the
WPC NO.24110 OF 2021
Registrar General, Palakkad shall also be called, for a
proper consideration of Ext.P8.
The Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
SKP/03-11
WPC NO.24110 OF 2021
APPENDIX OF WP(C) 24110/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 11.03.1953 BY THE
ASSISTANT REGISTRAR, PALAKKAD ALONG WITH
RULES AND REGULATIONS APPROVED BY THE
REGIONAL DEPUTY DPI, CALICUT.
EXHIBIT P1(A) A TRUE COPY OF THE PROPOSED AMENDMENT OF
EXT.P1 AND THE APPROVAL.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN WA NO.
741/2013 DATED 04.07.2014.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT IN WA NO.
2449/2016 DATED 17.12.2016.
EXHIBIT P4 A TRUE COPY OF THE GO(ORD) NO.
1636/2017/G.EDN DATED 30.05.2017.
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED
14.06.2017 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN WP(C) NO.
16246/2019 AND CONNECTED CASES DATED
23.02.201.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED
08.10.2021.
EXHIBIT P8 A TRUE COPY OF REVISION PETITION FILED
BEFORE THE GOVERNMENT DATED 21.10.2021.
EXHIBIT P9 A TRUE COPY OF THE RELEVANT PAGE OF THE
MINUTES OF THE MEETING ATTESTED BY A
NOTARY PUBLIC DATED 24.03.2013.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
