Sidhanar Service Society vs State Of Kerala
2022 Latest Caselaw 6807 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 18666 OF 2022
PETITIONER/S:

    1     SIDHANAR SERVICE SOCIETY
          REGISTER NO. Q4/1968 HAVING ITS CENTRAL OFFICE
          KOTTATHALA, KOTTARAKKARA, KOLLAM-691566, REPRESENTED BY
          ITS GENERAL SECRETARY K RAVI KUMAR, S/O. KOCHUKUNJ,
          AGED 44 YEARS, RESIDING AT KAMUKUMPALLIL HOUSE,
          EZHAMKULAM, ENATHU VILLAGE, ADOOR, PATHANAMTHITTA-
          691526.
    2     K RAVI KUMAR,
          AGED 44 YEARS
          S/O. KOCHUKUNJ, RESIDING AT KAMUKUMPALLIL VEEDU,
          KADIKA, KAITHAPRAMPU, ENATHU VILLAGE, ADOOR TALUK,
          PATHANAMTHITTA-691526.
    3     O. SUDHAMANI,
          AGED 45 YEARS
          PRESIDENT, SIDHANAR SERVICE SOCIETY, W/O. BABU,
          RESIDING AT BABU VILASAM, EDAKKAD, PORUVAZHI VILLAGE,
          KUNNATHOOR TALUK, KOLLAM-691552.
          BY ADVS.
          R.S.KALKURA
          M.S.KALESH
          R.BINDU
          HARISH GOPINATH
          PARVATHI ANIL


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
          SECRETARIAT, DEPARTMENT OF REGISTRATION, GOVERNMENT OF
          KERALA, THIRUVANANTHAPURAM-695001.
    2     THE INSPECTOR GENERAL OF REGISTRATION
          OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION,
          VANCHIYOOR, THIRUVANANTHAPURAM-695001.
    3     DISTRICT REGISTRAR,
          CIVIL STATION, KOLLAM-691013.
    4     VARIYATH PURUSHOTHAMAN
          RESIDING AT GOVINDA VILASAM, IRUMPANANGAD P.O.,
          EZHUKON, THIRUVANANTHAPURAM-691505.
 WP(C) NO. 18666 OF 2022
                                    2

    5          K.G. ANITHA,
               AGED 46 YEARS
               D/O. K.C. GOPALAN, RESIDING AT KODUVASSERIL
               HOUSE, PANNYALI, OMALLOOR, KOZHENCHERY,
               PATHANAMTHITTA-689647.
    6          VINOD,
               AGED 45 YEARS
               VINOD MANDIRAM, PAVITHRESWARAM P.O., PUTHOOR
               VILLAGE, KOTTARAKKARA, KOLLAM-691505.
    7          SULOCHANA,
               AGED 50 YEARS
               PANCHIVILA VEEDU, NELLIKKUNNAM P.O., UMMANNOOR
               VILLAGE, KOTTARAKKARA, KOLLAM-691520.



               SRI. P.S.APPU - GOVERNMENT PLEADER


        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   14.06.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18666 OF 2022
                             3

                   JUDGMENT

Dated this the 14th day of June, 2022

The petitioner is a Society registered with the

objective of uplifting the weaker sections of persons

belonging to the Sidha (Kurava) Community in the State of

Kerala. The functioning of the petitioner is governed by its

bylaws. The management and administration of the society

is vested with a Central Executive Committee, election to

which is to be conducted once in three years.

2. According to the petitioner, unwarranted interference

on the part of respondents 4 to 7 had affected the proper

functioning of the Society. As a result, the general body

meeting and the election could not be held in time. The

Executive Committee, therefore, decided to extend the

term of the existing office bearers by six months. The

petitioner has submitted Ext.P10 representation before the

Registrar of Societies seeking approval for the decision to

extend the tenure of the Executive Committee. The

grievance of the petitioner is regarding the delay in WP(C) NO. 18666 OF 2022

considering the representation.

In view of the limited relief sought, the Writ Petition

is disposed of, directing the third respondent to take up

Ext.P10 representation and to pass appropriate orders

thereon, after affording an opportunity of hearing to the

petitioner and other interested persons, if any. The order,

as directed above, shall be passed within an outer limit of

two months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

RK WP(C) NO. 18666 OF 2022

APPENDIX OF WP(C) 18666/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE YEAR 1968 ISSUED BY THE REGISTRAR OF SOCIETIES UNDER THE TRAVANCORE-COCHIN LITERARY SCIENTIFIC CHARITABLE SOCIETIES ACT PERTAINING TO THE PETITIONER. Exhibit P2 TRUE COPY OF THE RELEVANT PORTIONS OF THE BYELAW VIZ. CLAUSE 85 WITH REGARD TO ELECTION TO THE OFFICE BEARER SHIP OF THE CENTRAL EXECUTIVE COMMITTEE OF THE 1ST PETITIONER SOCIETY.

Exhibit P3 TRUE COPY OF SUB-RULES FRAMED UNDER SECTION 72 OF THE BYELAWS FOR EFFECTUATING THE ELECTIONS OF THE OFFICE BEARERSHIP OF THE CENTRAL EXECUTIVE COMMITTEE.

Exhibit P4 TRUE COPY OF THE RELEVANT PORTION OF THE BYELAWS OF THE 1ST PETITIONER CONTAINING RULE 37(3) & 37 (6) OF THE SAID BYELAW.

Exhibit P5 TRUE COPY OF THE DISMISSAL ORDER DATED 23.12.2021 IN I.A.NO.1 OF 2021 IN O.S. 443 OF 2021 ON THE FILE OF THE MUNSIFF'S COURT, KOTTARAKKARA. Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 24.05.2022 IN CMA 2 OF 2022 ON THE FILE OF THE SUBORDINATE JUDGES COURT, KOTTARAKKARA.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 16.03.2022 IN W.P.C. NO. 3962 OF 2022 ON THE FILE OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE DATED 03.04.2022 OF THE 1ST PETITIONER.

Exhibit P9 TRUE COPY OF THE MINUTES OF RESOLUTION OF THE DIRECTOR BOARD OF THE 1ST PETITIONER DATED 23.04.2022.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 2.6.2022 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT.