Kerala High Court
Ramakrishnan Nair. P.U vs The District Registrar on 12 October, 2014
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 15TH DAY OF DECEMBER 2014/24TH AGRAHAYANA, 1936
WP(C).No. 33812 of 2014 (B)
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PETITIONER(S):
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RAMAKRISHNAN NAIR. P.U., AGED 64 YEARS,
SOORYA, KOZHUNDIL ROAD, NILESHWAR-671 314.
BY ADVS.SRI.P.SREEKUMAR,
SRI.S.PRASANTH,
SRI.SOORAJ T.ELEN JICKAL,
SRI.P.A.MOHAMMED SHAH,
SMT.UMA,
SRI.B.PRASANTH,
SRI.T.S.SARATH,
SMT.P.M.MAZNA MANSOOR.
RESPONDENT(S):
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1. THE DISTRICT REGISTRAR,
OFFICE OF THE DISTRICT REGISTRAR,
CIVIL STATION, VIDYANAGAR, KASARAGOD-671 123.
2. N.K. BALAKRISHNAN MEMORIAL TRUST,
REG. NO.188/98, REPRESENTED BY ITS GENERAL SECRETARY,
DOOR NO.84, WARD NO.II, NILESHWAR-671 314.
3. THE RETURNING OFFICER,
N.K. BALAKRISHNAN MEMORIAL TRUST,
DOOR NO.84, WARD NO.II, NILESHWAR-671 314.
4. THE EXECUTIVE COMMITTEE,
N.K. BALAKRISHNAN MEMORIAL TRUST,
REG. NO.188/198, REPRESENTED BY ITS CHAIRMAN,
DOOR NO.84, WARD NO.II, NILESHWAR-671 314.
R1 BY SR. GOVT. PLEADER SRI.MUHAMMED SHAFI. M.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15-12-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 33812 of 2014 (B)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 COPY OF THE NOTIFICATION DATED 12/10/2014 ISSUED BY
THE 3RD RESPONDENT.
EXT.P2 COPY OF THE LIST OF CANDIDATES IN A, B AND C CLASS
CANDIDATES PUBLISHED BY THE 3RD RESPONDENT.
EXT.P3 COPY OF THE ORDER DATED 14/11/2014 IN I.A. NO.1822/2014
IN O.S. NO.373/2014.
EXT.P4 COPY OF THE REQUEST DATED 20/11/2014 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P5 COPY OF THE NOTICE DATED 17/11/2014 ISSUED BY THE
GENERAL SECRETARY OF THE TRUST.
EXT.P6 COPY OF THE NOTICE DATED 10/12/2014 ISSUED BY THE
GENERAL SECRETARY OF THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
A.MUHAMED MUSTAQUE, J.
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W.P(C).No.33812 of 2014B
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Dated this the 15th day of December, 2014
JUDGMENT
Petitioner approached the District Registrar with Ext.P4 complaint. Petitioner submits that election of the N.K.Balakrishnan Memorial Trust was over in respect of A class members. Further election in respect of C class members has not been held. It is further submitted that there is a gross violation of Secs.3 and 4 of the Societies Registration Act, 1860. Petitioner's case is that his grievance can be considered by the District Registrar with reference to Secs.3 and 4 of the Societies Registration Act.
2. In view of the limited request before this Court, there shall be a direction to consider Ext.P4 by the District Registrar after adverting to Secs.3 and 4 of the Societies Registration Act and take appropriate decision in the matter.
The Writ Petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/15/12/14