V.C. James vs The District Collector
2023 Latest Caselaw 13510 Ker

Kerala High Court

V.C. James vs The District Collector on 21 December, 2023

Author: Devan Ramachandran

Bench: Devan Ramachandran

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA,
                            1945
                   WP(C) NO. 42422 OF 2023
PETITIONER:

          V.C. JAMES
          AGED 61 YEARS, S/O. CHACKO THOMAS,
          FORMER SECRETARY, DISTRICT RIFLE
          ASSOCIATION, IDUKKI RESIDING AT
          VALIYAKUNNEL HOUSE, CHEPPUKULAM,
          PANNIMATTOM P.O., THODUPUZHA,
          IDUKKI DISTRICT, PIN - 685588
          BY ADVS.
          LIJU.V.STEPHEN
          INDU SUSAN JACOB
          P.M.HRIDYA
          TAJ K. TOM

RESPONDENTS:

    1     THE DISTRICT COLLECTOR
          (PRESIDENT OF THE DISTRICT RIFLE ASSOCIATION),
          IDUKKI, COLLECTORATE, PAINAVU P.O., I
          DUKKI DISTRICT, PIN - 685603
    2     THE DISTRICT POLICE CHIEF
          VICE PRESIDENT OF THE DISTRICT RIFLE
          ASSOCIATION), IDUKKI, CIVIL STATION,
          KUYILAMALA, PAINAVU P.O.,
          IDUKKI DISTRICT, PIN - 685603
    3     THE DISTRICT RIFLE ASSOCIATION OF IDUKKI
          REPRESENTED BY THE SECRETARY, 11/139/A, P.O.
          MUTTOM, THODUPUZHA, IDUKKI DISTRICT - 685587
    4     THE SECRETARY
          DISTRICT RIFLE ASSOCIATION OF IDUKKI,
          OFFICE AT MUTTOM 11/139/A, P.O. MUTTOM,
          THODUPUZHA, IDUKKI, PIN - 685587
          BY ADVS.
          PRAVEEN HARIHARAN
          G.HARIHARAN(K/66A/1976)
          K.S.SMITHA(K/106/2012)
          T.T.SHANIBA(K/000254/2016)
          AMAL DEV D(K/001570/2018)
          SNEHA M.S.(K/001669/2023)
 W.P.(C).No. 42422 of 2023
                                           :2:


               ABHIJITH E.R.(K/000352/2021)
               SRI.PRAMOD P.G.- GP



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.12.2023,            THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 42422 of 2023
                                   :3:




                              JUDGMENT

The limited plea of the petitioner is that 1 st respondent be

directed to take up Ext.P3 statutory appeal, preferred by him, within

a time frame to be fixed by this Court.

2. Sri.Praveen Hariharan - learned Standing Counsel for

respondents 3 and 4, however, submitted that Ext.P3 is not

maintainable because, the bye-laws do not provide any provision for

it, to be preferred before the 1 st respondent. He submitted that,

therefore, if this Court is inclined to direct the 1 st respondent to

consider Ext.P3, his clients may also be given an opportunity of being

heard, and to impel the contention that same is not maintainable.

3. Sri.Pramod P.G. - learned Government Pleader, in response,

submitted that, if the petitioner only requires Ext.P3 to be taken up

and disposed of by the 1st respondent, he will not stand in the way;

however, praying that this Court may not make any affirmative

declarations in her favour and leave it to the said respondent to take

an appropriate decision thereon, as per law. He added that he is

making this submission because, Ext.P3 may not be maintainable

before the 1st respondent; and this will also have to be decided by the

said Authority during the afore exercise.

In the afore circumstances, I allow this writ petition and direct

the 1st respondent to take up Ext.P3, and dispose of the same after

hearing the petitioner, as also respondents 3 and 4; thus culminating

in an appropriate order and necessary action thereon, as

expeditiously as is possible, but not later than ten days from the date

of receipt of a copy of this judgment.

I make it clear that, I have not entered into the merits of any of

the rival contentions, including the question of maintainability of

Ext.P3 before the 1st respondent; and that they are all left open to be

decided by the said Authority in terms of law, with his opinion on the

same being reflected specifically in the resultant order.

For an expeditious compliance of the afore directions, I direct

both the petitioner and the party respondents to appear before the 1 st

respondent at 11 am on 23.12.2023. For this purpose, the petitioner

will produce a certified copy of this judgment, along with a full set of

writ petition, before the said Authority on that date. The time frame

fixed above shall start from the said date.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm

APPENDIX OF WP(C) 42422/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BYE-LAW OF THE 3RD RESPONDENT ASSOCIATION Exhibit P2 TRUE COPY OF THE COMMON JUDGMENT DATED 12-4-2023 IN WRIT APPEAL NO. 745/2023 AND WRIT APPEAL NO. 773/2023 PASSED BY THIS HON'BLE COURT Exhibit P3 TRUE COPY OF THE APPEAL DATED 9-11-2023 ALONG WITH THE PETITIONS FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19-9-2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE NOTICE DATED 16-10-2023 ISSUED BY THE 3RD RESPONDENT ASSOCIATION TO THE PETITIONER Exhibit P6 TRUE COPY OF THE REPLY TO THE SHOW CAUSE NOTICE SENT BY THE PETITIONER TO THE 4TH RESPONDENT DATED 30-10-2023 Exhibit P7 TRUE COPY OF THE SUSPENSION ORDER DATED 2-11-2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF THE NOTICE OF THE SPECIAL GENERAL BODY MEETING OF THE 3RD RESPONDENT, ASSOCIATION CONVENED ON 23- 11-2023

RESPONDENTS' EXHIBITS : NIL.