Kerala High Court
Ratheesh. A vs K.V Subramanian on 14 November, 2024
Author: V.G.Arun
Bench: V.G.Arun
2024:KER:85228
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF NOVEMBER 2024/23RD KARTHIKA, 1946
WP(C) NO. 36694 OF 2024
PETITIONER:
RATHEESH. A
AGED 40 YEARS
AGED 40 YEARS, S/O ANTHIYALAN EZHARAKUNNATHU HOUSE,
PANGARAPPILLY P.O CHELAKKARA, THRISSUR,
PIN - 680586
BY ADVS.
C.A.JOJO
S.JIJI
JOSEPH ANU A.A
RESPONDENTS:
1 K.V SUBRAMANIAN
AGED 68 YEARS
THE STATE PRESIDENT OF KERALA DALIT FEDERATION
(DEMOCRATIC) PUTHENKULANGARA HOUSE, MARYKUNNU P.O
KOZHIKODE DT., PIN - 673012
2 P.G PRAKASH
AGED 54 YEARS
THE GENERAL SECRETARY OF KERALA DALIT FEDERATION
(DEMOCRATIC) PUTHENPARAMBIL HOUSE PONTHENPUZHA P.O,
VALAKODICHATHUPPU KOTTAYAM-DT, PIN - 686544
3 THE DISTRICT REGISTRAR OF MALAPPURAM
REGISTRAR OF SOCIETIES OF MALAPPURAM DISTRICT
SOCIETIES REGISTRATION DEPARTMENT
CIVIL STATION P.O, MALAPPURAM-DT,
PIN - 676505
WP(C) NO. 36694 OF 2024
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2024:KER:85228
4 THE DISTRICT REGISTRAR OF KOLLAM
REGISTRAR OF SOCIETIES OF KOLLAM DISTRICT
SOCIETIES REGISTRATION DEPARTMENT CIVIL STATION P.O,
KOLLAM-DT, PIN - 691001
BY ADV BIJU P.S.
SRI. SUNIL KUMAR KURIAKOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 36694 OF 2024
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2024:KER:85228
JUDGMENT
Dated this the 14th day of November, 2024
This writ petition is filed seeking following
reliefs:
i) To issue a writ order declaring the Proposed
Merger Conference' of KERALA DALIT FEDERATION
(Democratic) with KERALA DALIT FEDERATION (KDF) as
illegal and against the Clause 33 of the Bye- law of KERALA
DALIT FEDERATION (Democratic).
ii) To issue a writ of mandamus or any other writ,
direction or order directing the 3 rd and 4th respondents not to
allow the application for Merger of KERALA DALIT
FEDERATION (Democratic) with KERALA DALIT FEDERATION
(KDF).
iii) To issue a writ of mandamus or any other writ,
direction or order directing the 1st and 2nd respondents to
defer with the proposed Merger Conference on 20.10.2024
since it is against the clause 33 of the Bye-law of the KERALA
DALIT FEDERATION (Democratic).
iv) To issue a writ order staying the proposed Merger
Conference on 20.10.2024 at Kozhikode announced by the
1st and 2nd respondents.
v) To issue an order to dispense with the English
translation of the Exhibits produced in the writ petition.
vi) Issue such other writ or direction or order as this
Hon'ble Court deems fit and proper to grant in the facts and
circumstances of the case.
WP(C) NO. 36694 OF 2024
2024:KER:85228
2. Although, learned Counsel for the
petitioner assertively submitted that the 3 rd and 4th
respondents are conferred with the power to grant the
reliefs sought, the prayer being essentially against the
societies, which are independent autonomous bodies, I
find the writ petition to be not maintainable.
The writ petition is hence closed, without
prejudice to the petitioner's right to seek remedies from
the civil court.
Sd/-
V.G.ARUN
JUDGE
ARK
WP(C) NO. 36694 OF 2024
2024:KER:85228
APPENDIX OF WP(C) 36694/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE POSTER DECLARING THE
MERGER PUBLISHED BY THE 1ST RESPONDENT DATED
NIL
EXHIBIT P2 A TRUE COPY OF THE BYE-LAW OF THE
ORGANIZATION
EXHIBIT P3 A TRUE COPY OF THE OBJECTION TO THE 1ST
RESPONDENT DATED 08.10.2024
EXHIBIT P4 A TRUE COPY OF THE COMPLAINT SUBMITTED TO THE
3RD RESPONDENT DATED 08.10.2024
