Kerala High Court
Udayan vs Government Of Kerala on 4 April, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 1571 OF 2016
PETITIONER/S:
1 UDAYAN, AGED 59 YEARS
S/O SREEDHARAN, THOPPIL HOUSE, EROOR PO,
THRIPUNITHURA, ERNAKULAM DISTRICT, PIN-682 306
2 JAYAN V.V, S/O V.R. VISWAMBHARAN, VADAKKUNPURATH HOUSE,
EROOR PO, THRIPUNITHURA, ERNAKULAM DISTRICT-682 306
BY ADV SRI.B.S.SURESH KUMAR
RESPONDENT/S:
1 GOVERNMENT OF KERALA, REPRESENTED BY CHIEF SECRETARY,
SECRETARIAT, TRIVANDRUM - 695 001
2 INSPECTOR GENERAL OF REGISTRATION
DEPARTMENT OF REGISTRATION, SECRETARIAT,
TRIVANADRUM-PIN-695 001
3 THE DISTRICT REGISTRAR (GENERAL)
OFFICE OF THE DISTRICT REGISTRAR,
CHEMBUKAVU, THRISSUR-680 001
4 THE DISTRICT REGISTRAR (AUDIT)
OFFICE OF THE DISTRICT REGISTRAR,
CHEMBUKAVU, THRISSUR -680 001
5 DIRECTOR, OFFICE OF THE DIRECTOR OF LOCAL FUND AUDIT,
IVTH FLOOR, VIKAS BHAVAN, THIRUVANANTHAPRUAM-695 033
6 THE KERALA VYAPARI VYAVASAYI
EKOPANA SAMITHI, (REG. NO.262/81), HAVING ITS
REGISTERED OFFICE, AT CHAMBER OF COMMERCE BUILDINGS,
THRISSUR-680001.
7 THE ERNAKULAM DISTRICT COUNCIL
THE VYPARI VYAVASAYI EKOPANA SAMITHI,
CORPORATION BUILDING, KACHERIPPADY, KOCHI-682018,
NOW AT PUTHIYA ROAD, THAMMANAM PO., COCHIN-32,
REP. BY ITS GENERAL SECRETARY.
8 THE KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI
THRIPUNITHURA NORTH UNIT, VYAPAR BHAVAN, EROOR SOUTH,
ERNAKULAM DISTRICT, PIN-682306,
NOW AT NF GATE, TRIPUNITHURA, ERNAKULAM DISTRICT,
PIN-682301,
REP. BY ITS GENERAL SECRETARY.
WP(C) NO. 1571 OF 2016 2
9 THE PRESIDENT
THE KERALA VYPARI VYAVASAYI EKOPANA SAMITHI,
THRIPUNITHURA NORTH UNIT, VYAPAR BHAVAN, EROOR SOUTH,
ERNAKULAM DISTRICT, PIN-682306, NOW AT NF GATE,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN-682301
(ADDITIONAL R6 TO R9 ARE IMPLEADED AS PER ORDER DATED
28/10/2016 IN I.A. NO.15790/2016)
BY ADVS.
SRI. VENUGOPAL V, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1571 OF 2016 3
JUDGMENT
Petitioners are stated to be members of the Kerala Vypari
Ekopana Samithi, Tripunithura North Unit. They had approached
this Court earlier by filing W.P.(C) No.12800 of 2011, alleging
mismanagement and misappropriation of funds of the Kerala
Vypari Ekopana Samithi by its governing body. It was the case of
the petitioners that the authorities under the Registration Act
should intervene in the matter and enquire into the allegations of
misappropriation. This Court, disposed of W.P.(C) No.12800 of
2011 in the following manner:-
''2. Though it does not discernible to what extent respondents
1 and 2 can intervene in the matter in the alleged misappropriation
and mismanagement of the funds of 5 th respondent, the question
that remains is that statutory duty empowered with registering
authority to supervise certain matters enumerated in the Act has
been followed or not will have to be decided by the respondents 1
and 2. It is for the respondents 1 and 2 to decide whether they have
competency to enquire into the allegations with respect to the
powers conferred on them. Petitioners point out that though Ext.P8
representation was submitted as early as on 7.4.2011, no action has
been taken on it. It is for the 1 st respondent to take an appropriate
decision in this matter, whether petitioners' representation need to
be entertained or required to be enquired into.
In such circumstances there will be a direction to the 1 st
respondent to take appropriate decision on Ext.P8 within a period of
two months from the date of receipt of a copy of this judgment.
Writ petition is disposed of as above.''
Thereafter, the petitioners were issued with Ext.P2 proceedings,
informing them that the Kerala Vypari Ekopana Samithi has more
than 3000 Units across Kerala; the State Unit has not submitted
any report with regard to the Units under it and that each Unit is
maintaining separate accounts. Therefore, it may not be possible
for the District Registrar General, Thrissur to conduct an
inspection into the accounts of all the Units of Kerala Vypari
Ekopana Samithi as the different Units are spread across different
districts. It is further stated in Ext.P2 that the District Registrar
General, Thrissur had therefore brought the matter to the
attention of the Government through the 2 nd respondent, the
Inspector General of Registration.
2. On receipt of Ext.P2, the petitioners have approached
this Court by filing the above writ petition, praying for the
following reliefs:-
''(i) Issue a Writ, order declaring that Exhibit P2 order is
illegal, arbitrary and unsustainable in law and set aside the same;
(ii) Issue writ, order or direction directing the 1st respondent
to issue appropriate direction to 5th respondent or any other officer
with infrastructure to assist the 3rd respondent to periodically
examine the accounts and other books of the society and submit a
report to the Government within a time frame to take appropriate
action under section 25 of Kerala Act XII of 1955;
(iii) Issue a writ, order or direction to the 1 st respondent to
make appropriate amendments to Section 19 of Kerala Act XII of
1955 to replace the Registering Authority by 5th respondent or any
other officer with infrastructure to periodically examine the
accounts and other books of the Society;
(iv) Issue a writ, order or direction to the 1 st respondent to provide
adequate infrastructure to the 3 rd respondent to examine the
accounts to comply its statutory duty under Section 19 of Kerala Act
XII of 1955. ''
3. Learned Counsel appearing for the petitioners would
submit that the 2nd petitioner is no more. This is recorded.
Considering the fact that the 2nd petitioner had approached this
Court on the strength of membership in the Samithi and it being
very clear that the right to sue does not survive on the legal heirs
of the 2nd respondent, I do not deem it necessary to adjourn this
writ petition to enable the impleadment of the legal heirs of the
deceased 2nd petitioner. Registry shall therefore, make necessary
endorsement regarding the fact that the 2nd petitioner is no more.
4. Learned Government Pleader submits, with reference
to the counter affidavit filed by the 3 rd respondent that, the
Government has taken cognizance of the issue and by Ext.R3(a)
Government Order dated 14.05.2015, the District Registrar
General, Thrissur was authorised to take further action in the
matter. It is submitted that, accordingly, the District Registrar
General, Thrissur had issued Ext.R3(b) communication dated
08.07.2015 to the Kerala Vypari Ekopana Samithi . It is submitted
that, in such circumstances, the petitioners cannot have any
further grievance in the matter.
5. Having heard the learned counsel appearing for the
petitioner and the learned Government Pleader, this writ petition
will stand disposed of, directing the 3 rd respondent to take further
action on the basis of Ext.R3(b) communication, if such action has
not already been concluded by him in terms of the directions
contained in Ext.R3(a) Government Order. If the proceedings on
the basis of Ext.R3(b) have not been concluded till now, the 3 rd
respondent shall ensure that the proceedings thereon are
completed without further delay and at any rate, within a period
of nine months from the date of receipt of a certified copy of this
judgment.
The writ petition is disposed of as above.
Sd/-
GOPINATH P.
JUDGE
ajt
APPENDIX
PETITIONERS EXHIBITS
EXHIBIT P1 - TRUE COPY OF JUDGMENT IN WPC NO.12800/2011 DATED 31/7/2014
EXHIBIT P2 - TRUE COPY OF ORDER DATED 21/02/2015 PASSED BY THE 3RD
RESPONDENT
RESPONDENTS EXHIBITS
EXHIBIT R3(a) - TRUE COPY OF LETTER NO.5749/E2/2015/TD DATED 14.05.2015
EXHIBIT R3(b) - TRUE COPY OF THE LETTER NO. M2 - 1651/11 DATED 08.07.2015
