Kerala High Court
Kerala Nadar Mahajana Sangham vs State Of Kerala on 3 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 42841 OF 2023
PETITIONER:
KERALA NADAR MAHAJANA SANGHAM,
AGED 64 YEARS, KATTAKADA TALUK COMMITTEE,
POOVACHAL P.O., THIRUVANANTHAPURAM
REPRESENTED BY TALUK PRESIDENT
SRI.POOVACHAL ANTONY @ S.T. ANTONY,
S/O SATHYANESHAN VAIDYAN, PIN - 695575
BY ADVS.
ABRAHAM MATHEW (VETTOOR)
ANIL ABEY JOSE
VISHNUJA P.M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001
2 DISTRICT POLICE CHIEF (RURAL),
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM, THIRUVANANTHAPURAM, KERALA - 695033
3 DEPUTY SUPERINTENDENT OF POLICE,
KATTAKADA, THIRUVANANTHAPURAM, PIN - 695572
4 THE STATION HOUSE OFFICER,
KATTAKKADA POLICE STATION,
THIRUVANANTHAPURAM, PIN - 695572
5 AUGUSTINE T.
EDEN HOME, UNDAPPARA, POOVACHAL P.O.,
THIRUVANANTHAPURAM, PIN - 695575
6 AUGUSTINE E
NEERANKOTTUKONAM THADATHARIKATHU HOUSE,
UNDAPPARA, POOVACHAL P.O.,
THIRUVANANTHAPURAM, PIN - 695575
BY ADVS.
R.S.KALKURA
M.S.KALESH(K/109/1997)
HARISH GOPINATH(K/232/1999)
W.P.(C) No.42841 of 2023
:2:
P.I.NAJUMAL HUSSAIN(K/153/2015)
H.KIRAN(K/961/2012)
NEENU VIMALKUMAR(K/772/2012)
SILPA S.(K/951/2017)
P.M.SHAMEER - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.42841 of 2023
:3:
JUDGMENT
After arguing this matter for some time, Sri.Abraham
Mathew - learned counsel for the petitioner, sought liberty for his
client to withdraw this writ petition, conceding that the counter
affidavit filed by the party respondents has raised certain civil
disputes. He, however, submitted that such disputes are
untenable and that his client, therefore, intends to invoke other
alternative remedies, including before this Court again.
2. The learned counsel for the party respondents -
Sri.R.S.Kalkura, did not oppose the afore request; however, saying
that this Court may not make any affirmative declarations in any
manner.
In the afore circumstances, without entering into the merits
of any of the rival contentions and leaving them all open, I close
this Writ Petition with liberty to the petitioner to invoke other
remedies, including by approaching this Court on any apposite
cause of action, if so required in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 42841/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO. 210 OF
1964 OF THE SRO KATTAKKADA DATED 16-01-
Exhibit P2 A TRUE COPY OF THE BASIC TAX RECEIPT NO.
KL01050901647/2023 DATED 01-04-2023
ISSUED BY THE VILLAGE OFFICER, PERUNKULAM
Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 03-10-2017 ISSUED BY THE VILLAGE
OFFICER PERUNKULAM
Exhibit P4 A TRUE COPY OF THE SUMMONS SO RECEIVED BY
THE PRESIDENT OF THE PETITIONER FROM
KERALA STATE COMMISSION FOR PROTECTION OF
CHILD RIGHTS DATED 12-01-2023
Exhibit P5 A TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT WITH
RECEIPT DATED 13-12-2023
EXHIBIT P6 A LETTER ISSUED BY SRI. A. S. AHIMOHANAN,
THE PRESENT GENERAL SECRETARY OF THE
KERALA NADAR MAHAJANA SANGHAM HAVING REG.
NO. 5/64.
EXHIBIT P7 A TRUE COPY OF THE PAGE NOS. 1 TO 6 OF
THE MINUTES BOOK OF THE POOVACHAL SAKHA
OF THE SANGHAM
Exhibit P8 A TRUE COPY OF THE COMPLAINT DATED 15-11-
2022 FILED BY THE STUDENT BY NAME EVANS
ALFRED RECEIVED BY THE PETITIONER ALONG
WITH THE SUMMONS ISSUED BY THE KERALA
STATE COMMISSION FOR PROTECTION OF CHILD
RIGHTS DATED 12-01-2023
Exhibit P9 A TRUE COPY OF AN UNDATED LETTER ISSUED
BY THE 5TH RESPONDENT TO THE PETITIONER
ALONG WITH THE ENVELOP
Exhibit P10 A TRUE COPY OF THE FIR NO. 414 OF 2022 OF
THE VANCHIYOOR POLICE STATION DATED 15-
04-2022
RESPONDENTS' EXHIBITS
Exhibit R5(a) TRUE COPY OF THE MINUTES OF THE GENERAL
BODY MEETING HELD ON 09.08.2021 OF THE
KERALA NADAR MAHAJANA SANGHAM OF THE
POOVACHAL BRANCH (PETITIONER)
Exhibit R5(b) TRUE COPY OF THE CERTIFICATE DATED
18.01.2024 ISSUED BY THE HEAD OFFICE OF
THE PETITIONER CERTIFYING THAT THE
RESPONDENTS 5 AND 6 ARE THE PRESIDENT AND
TREASURER OF THE PETITIONER
Exhibit R5(c) TRUE COPY OF THE RESOLUTION DATED
10.10.2021 OF THE GENERAL BODY OF THE
PETITIONER
Exhibit R5(d) TRUE COPY OF THE NOTICE DATED 01.01.2022
ISSUED BY THE POOVACHAL GRAMA PANCHAYAT
TO THE 5TH RESPONDENT
Exhibit R5(e) TRUE COPY OF THE RESOLUTION DATED
26.09.2021 OF THE GENERAL BODY OF THE
PETITIONER
Exhibit R5(f) TRUE COPY OF THE POSTAL ACKNOWLEDGMENT
DULY SIGNED BY S.T. ANTONY CONFIRMING THE
RECEIPT OF THE NOTICE ISSUED BY THE 5TH
RESPONDENT
Exhibit R5 (g) TRUE COPY OF THE CERTIFICATE DATED
15.03.2024 ISSUED BY THE KERALA NADAR
MAHAJAN SANGAM
Exhibit R5 (h) TRUE COPY OF THE LETTER DATED 08.07.2021
ISSUED BY THE DISTRICT REGISTRAR TO THE
ADVOCATE KOSHI NEWTON WHO IS THE WORKING
PRESIDENT OF THE KERALA NADAR MAHAJAN
SANGAM
Exhibit R5 (i) TRUE COPY OF THE CERTIFICATE ISSUED BY
THE REGISTRAR OF TRADEMARKS DATED
13.11.2021 ISSUED TO THE KERALA NADAR
MAHAJAN SANGAM
Exhibit R5 (j) THE POSTAL ACKNOWLEDGMENT INDICATING THE
RECEIPT OF EXHIBIT P7 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER
Exhibit R5 (k) TRUE COPY OF THE LETTER ISSUED BY THE
DISTRICT POLICE CHIEF TRIVANDRUM RURAL TO
THE ACCOUNTANT GENERAL OFFICE DATED
28.09.2020
