Prakruthy Jeevana Samithy vs Prakruthy Jeevana Charitable ...
2022 Latest Caselaw 7234 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                      WP(C) NO. 2233 OF 2019
PETITIONER:

            PRAKRUTHY JEEVANA SAMITHY
            JEEVANA SAMITHY, ANNUR PO, VIA PAYYANNUR,
            KANNUR-670307, REPRESENTED BY ITS SECRETARY
            K.K.SREEKUMAR.
            BY ADVS.
            P.RAMAKRISHNAN
            SMT.PREETHI RAMAKRISHNAN (P-212)
            SRI.T.C.KRISHNA
            SRI.C.ANIL KUMAR
            SMT.ASHA K.SHENOY
            SRI.PRATAP ABRAHAM VARGHESE

RESPONDENTS:

    1       PRAKRUTHY JEEVANA CHARITABLE TRUST
            AROGYANIKETHAN, ANNUR.P.O., PANNAYYUR,
            KANNUR -670307, REPRESENTED BY ITS TREASURER.
    2       P.M.BALAKRISHNAN,
            'VARNAMUDRA', ANNUR PO,
            PANNAYYUR, KANNUR-670307.
    3       PAYYANNUR MUNICIPALITY,
            PAYYANNUR, KANNUR-670307,
            REPRESENTED BY ITS SECRETARY.
            BY ADVS.
            SRI.SANTHEEP ANKARATH
            SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
            SMT.C.K.SHERIN


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.06.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.2233/2019

                                        2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                    W.P.(C).No.2233 of 2019
             ----------------------------------------------
            Dated this the 23rd day of June, 2022


                                 JUDGMENT

This writ petition is filed with following prayers:

i. A writ of certiorari or any other appropriate writ or order quashing and setting aside Exhibit P6 and P-10.

ii. A writ of mandamus or any other appropriate writ or order directing the 3rd respondent to accept the fees for renewing the license of 'Arogya Nikethan'.

iii. Hold that the petitioner has the right to remit the fees for renewal of license and tax in respect of 'Arogya Nikethan'.

iv. Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case.

(SIC)

2. Petitioner is a society registered under the

Travancore Cochin Literary, Scientific Charitable Societies

Registration Act 1860. It is the case of the petitioner that the

society has formed the 1st respondent Trust for establishing a

Health Care Centre. It is also the case of the petitioner that W.P.(C).No.2233/2019

the said health care Centre 'Arogya Nikethan' was established

in property gifted by Sri.Ramdasa Mission. It is stated in the

writ petition that the 2nd respondent Managing Trustee

misappropriated Trust funds. According to the petitioner, he

refused to co-operate with the functioning of the Trust

resulting in the trustees deciding to transfer the management

and control of 'Arogya Nikethan' to petitioner Samithy. The 2 nd

respondent in his capacity as the Managing trustee had not

paid tax and license fee in respect of 'Arogya Nikethan' after

the year 2016-17 is the contention of the petitioner.

Consequently, the 3rd respondent Municipality initiated

proceedings demanding renewal of license. It is stated in the

writ petition that though the petitioner offered to remit the

requisite fee for renewal of license, the Municipality rejected

it stating that the building is in the name of the 2 nd

respondent. Now the Municipality has issued notice

authorizing the Public Health Inspector to close the

establishment. Hence this writ petition.

3. Heard the learned counsel for the petitioner,

learned counsel appearing for respondents 1 and 2 and also W.P.(C).No.2233/2019

the learned counsel for the Municipality.

4. From the pleadings of the writ petition it is clear

that there is a dispute between the petitioner on the one side

and respondents 1 and 2 on the other side. It is an admitted

fact that a suit is pending about the dispute as O.S.No.80/2018

before the Munsiff's Court, Payyannur. In such situation, this

Court is not in a position to decide this matter. Parties are

free to approach the civil court for getting their grievance

redressed.

With the above observation, this writ petition is closed.

If any licence fee is paid by the petitioner based on the interim

order passed by this Court, the same will be subject to the

result of the final decision of the suit and the payment of the

same will not give any right to the petitioner in the pending

suit.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 W.P.(C).No.2233/2019





                  APPENDIX OF WP(C) 2233/2019

PETITIONER EXHIBITS
EXHIBIT P1        TRUE COPY OF BYE LAWS OF THE
                  PETITIONER SOCIETY.
EXHIBIT P2        TRUE COPY OF TRUST DEED DATED
                  28/06/2005.
EXHIBIT P3        TRUE COPY OF GIFT DEED DATED
                  29/1/2008.
EXHIBIT P4        TRUE COPY OF LETTER DATED 31/3/2018

WRITTEN BY THE 1ST RESPONDENT TRUST TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF LETTER DATED 29/9/2018 ISSUED BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF LETTER DATED 10/10/2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF NOTICE DATED 10/10/2018 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF NOTICE DATED 26/11/2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF LETTER DATED 11/12/2018 FROM THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P10 TRUE COPY OF ORDER DATED 28/12/2018 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT EXHIBITS EXHIBIT R3(a) TRUE COPY OF THE NOTICE DATED 04.09.2018.

EXHIBIT R3(b) TRUE COPY OF THE REPLY DATED 01.10.2018.

EXHIBIT R3(c) TRUE COPY OF THE REPLY DATED 25.10.2018.