Manoj.N vs State Of Kerala, Represented By ...
2023 Latest Caselaw 1858 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

     WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944

                         WP(C) NO. 26313 OF 2022

PETITIONER/S:

             MANOJ.N
             AGED 56 YEARS
             RASIKASREE MOVIES
             24/920 , THYKKADU P.O.,THIRUVANANTHAPURAM, PIN - 695 014.
             BY ADVS.
             ZAKEER HUSSAIN
             K.A.SANJEETHA(K/1146/1993)

RESPONDENT/S:

     1       STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
     2       THE INSPECTOR REGISTRAR GENERAL OF REGISTRATION
             DEPARTMENT OF REGISTRATION, VANCHIYOOR,
             THIRUVANTHANAPURAM, PIN - 695035
     3       THE DISTRICT REGISTRAR (GENERAL)
             2ND FLOOR, CC 40/1017, PERUMBILLY BUILDINGS, OPPOSITE
             MAHARAJA'S COLLEGE GROUND, HEAD POST OFFICE. P.O.,
             ERNAKULAM, PIN - 682011.
     4       FILM DISTRIBUTORS ASSOCIATION (KERALA), REG. NO. ERN
             480/87, REPRESENTED BY ITS GENERAL SECRETARY, C.C NO.
             36/1511, CHITTOOR ROAD, ERNAKULAM, PIN - 682018
     5       A.A SIYAD KOKKER
             PRESIDENT , FILM DISTRIBUTORS ASSOCIATION (KERALA)
             KOKKER'S FILMS (LM) , 36/1316, A.S.BAVA SQUARE, JUDGES
             AVENUE ROAD, ERNAKULAM, PIN - 682 017.
     6       M.M.HAMZA
             GENERAL SECRETARY , FILM DISTRIBUTORS ASSOCIATION
             (KERALA), KALASANGAM FILM, ELENJIVEETTIL , CHEMBOTHRA
             BUILDING, PULIMMODU JUNCTION, KOTTAYAM., PIN - 686 001.
     7       ADDL R7 IMPLEADED:
             ADDITIONAL CHIEF SECRETARY, TAXES
             J DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.
             ( IMPLEADED AS PER ORDER DATED 02/11/22 IN IA 1/22)



             SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER



         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

     01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
  W.P.(C) No. 26313/2022           :2:




                              SHAJI P. CHALY, J.
             ---------------------------------------------------------
                             W.P.(C). No. 26313 of 2022
           ---------------------------------------------------------
                  Dated this the 1st day of February, 2023.

                                  JUDGMENT

The petitioner has filed this writ petition seeking the following

reliefs:

1. Issue a writ of mandamus or order directing the first respondent to dispose of Exhibit P6 application within a time frame fixed by this Hon'ble Court after hearing the 4 th and 6th respondents and after obtaining a report from the third respondent.

2. Issue such other orders as this Hon'ble Court may consider necessary in the facts and circumstances of the case.

2. The petitioner is a member of Film Distributors' Association

(Kerala) having registration No. ERN 480/87, which is registered under

the Travancore Cochin Literary Scientific and Charitable Societies

Registration Act, 1955 ('Act, 1955' for short) in the year 1987. The

case projected by the petitioner is that respondent Nos. 5 and 6, who

are President and General Secretary, are grossly mismanaging the 4 th

respondent Association.

3. Ventilating his grievance, the petitioner has submitted Exhibit

P6 application before the State Government, respondent No.1,

apparently invoking the powers conferred under Section 19 of the Act,

1955, and the same is pending consideration.

4. Even though notice is served on respondent Nos. 5 and 6,

none has entered appearance.

The basic relief sought for in this writ petition is for the disposal

of Exhibit P6 application within a time frame to be fixed by this Court.

Therefore, after having heard the learned counsel for the petitioner

and the learned Government Pleader Sri. Rajeev Jyothish George and

perusing the pleadings and materials on record, this writ petition is

disposed of directing the State Government, respondent No.1, to

consider Exhibit P6 application in accordance with law, at the earliest

and at any rate within two months from the date of receipt of a copy

of this judgment, after providing an opportunity of hearing to the

petitioner and all other interested persons.

sd/- SHAJI P. CHALY, JUDGE.

Rv

APPENDIX OF WP(C) 26313/2022

PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE SUBSCRIPTION FEE RECEIPT Exhibit P2 TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF RULES OF THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 14.02.2022 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 10.03.2022 Exhibit P5 TRUE COPY OF THE LETTER DATED 07/06/2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE APPLICATION DATED 21/01/2023 SUBMITTED BY THE PETITIONER TO THE 7TH RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

/True Copy/

PS To Judge.

rv