Mohammed Shafeer C.M vs Inspector General Of Registration
2024 Latest Caselaw 10138 Ker

Kerala High Court

Mohammed Shafeer C.M vs Inspector General Of Registration on 5 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

          FRIDAY, THE 5TH DAY OF APRIL   2024 / 16TH CHAITHRA, 1946

                            WP(C) NO. 14179 OF 2024

PETITIONER:

               MOHAMMED SHAFEER C.M
               AGED 37 YEARS
               S/O UMMER HAJI, CHOLAMUGHATH HOUSE, THAZHAKODE WEST.P.O,
               PERINTHALMANNA, MALAPPURAM DISTRICT, KERALA,, PIN - 679341

               BY ADVS.
               LIJIN THAMBAN
               DEEPIKA G.S.
               C.RADHAKRISHNAN


RESPONDENTS:

      1        INSPECTOR GENERAL OF REGISTRATION
               (CHITTY ADMINISTRATION) DEPARTMENT OF REGISTRATION, EX-MAYOR
               R BALAKRISHNAN NAIR ROAD, NEAR DISTRICT COURT, VANCHIYCOR,
               THIRUVANANTHAPURAM DISTRICT -, PIN - 695035

      2        THE BRANCH MANAGER
               KERALA STATE FINANCIAL ENTERPRISES LTD, PERINTHALMANNA
               BRANCH, PERINTHALMANNA, MALAPPURAM DISTRICT ., PIN - 679322

      3        DEPUTY THAHASILDAR (REVENUE RECOVERY)
               OPPOSITE AROMA THEATRE, KERALA STATE FINANCIAL ENTERPRISES
               LTD, PALAKKAD DISTRICT, PIN - 678001

      4        THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD
               KSFE LTD OFFICE, CHEMBUKKAVU, TRISSUR DISTRICT,
               KERALA, PIN - 680020


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14179 OF 2024
                                    2



                             JUDGMENT

Even though Sri.Lijin Thamban, learned counsel for the

petitioner impelled various allegations and assertions against

Ext.P8 impugned order, Sri. Salil Narayanan K.A., learned counsel

for respondents 2 and 4 submitted that this writ petition is not

maintainable, because the impugned order is amenable to a

statutory challenge under Section 70 of the Chit Funds Act.

2. Even though Sri.Lijin Thamban, learned counsel for

the petitioner affirmed that his client obtains an alternative

remedy, he argued that, nevertheless, this writ petition is

maintainable because Ext.P8 has been issued in gross error.

3. I am afraid that I cannot find favour with the afore

submissions of Sri.Lijin Thamban because, it is now well settled

that when an effective statutory alternative remedy is available,

the invocation of the discretionary power of this Court under

Article 226 of the Constitution of India is generally not tenable.

In the above circumstances, I close this writ petition

however; leaving full liberty of the petitioner to invoke every

statutory remedy against Ext.P8, for which purpose, all rival

contentions are also left open.

However, in order to enable the petitioner to invoke the

afore remedy without the threat of imminent action, I direct the WP(C) NO. 14179 OF 2024

respondents not to pursue coercive recovery action against them

for a period of 15 days from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE

rp WP(C) NO. 14179 OF 2024

APPENDIX OF WP(C) 14179/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P(C) 7376/2017 DATED 23/03/2017

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 01/07/2015 IN W.P(C)

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 11/11/2016 IN W.P(C)

Exhibit P4 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER ALONG WITH DOCUMENTS DATED 13.08.2017

Exhibit P5 TRUE COPY OF THE STATEMENT FILED BY THE RESPONDENTS 2 AND 3 BEFORE THE 1ST RESPONDENT 15.03.2023

Exhibit P6 TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15.03.2023

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 30/01/2023 IN W.P(C)

Exhibit P8 TRUE COPY OF THE ORDER BEARING NO. IGR/65/2023 DATED 13/09/2023