Kerala High Court
Varghese Pooppally (Cheriyan ... vs The State Of Kerala on 23 July, 2010
Author: J.Chelameswar
Bench: J.Chelameswar, P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23102 of 2010(S)
1. VARGHESE POOPPALLY (CHERIYAN P.VARGHESE)
... Petitioner
2. P.C.SIBIMON,
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SUPERINTENDENT OF POLICE,
4. THE REVENUE DIVISIONAL OFFICER,
For Petitioner :SRI.B.KRISHNA MANI
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :23/07/2010
O R D E R
J.Chelameswar, CJ. & P.N.Ravindran, J.
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W.P.(C) No. 23102 OF 2010
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Dated this the 23rd day of July, 2010
JUDGMENT
J.Chelameswar, CJ.
The writ petition is filed with the prayers as follows:
"i) issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to dissolve the Nehru Trophy Boat Race Society and further direct the 1st respondent to form an organization for conducting Nehru Trophy Boat Race completely under the control of the Government of Kerala;
ii) issue a writ of mandamus or any other writ, order or direction directing the 1st respondent to control the functioning of Nehru Trophy Boat Race Society in terms of Exhibit P1;
iii) Issue a writ of mandamus or any other writ, order or direction directing the first and second respondents to dispose of ExhibitP3 forthwith and further direct the respondents to submit entire accounts of the Nehru Trophy Boat Race Society for the past 15 years;
iv) issue an interim direction directing the 1st respondent to dissolve Nehru Trophy Boat Race and further direct the 1st respondent to form an organization for conducting Nehru Trophy Boat Race completely under the control of the Government of Kerala;
2. The first respondent is a Society admittedly WP(C) No.23102 of 2010 -:2:- governed by the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. Under Section 25 of the Act dissolution of the Society can be achieved by filing an application to the Civil Court. Such an application can be filed either by the State Government or ten percent of the members of the society to the District Court. Section 25 of the abovementioned Act reads as follows:
"25. Application to court for dissolution, framing a scheme, etc:- (1) When an application is made by the State Government or ten percent of the members on the rolls of a society to the District Court within the jurisdiction of which the Society is registered, the court may, after enquiry and on being satisfied that it is just and equitable, pass any of the following orders:-
(a) removing the existing governing body and appointed a fresh governing body; or
(b) framing a scheme for the better and efficient management of the society; or
(c) dissolving the society."
In the circumstances, we are of the opinion that the writ petition is misconceived. A single individual can not by resorting to the jurisdiction under Article 226 have the Society WP(C) No.23102 of 2010 -:3:- dissolved. Therefore, the writ petition is dismissed at the admission stage.
J.Chelameswar, Chief Justice.
P.N.Ravindran, Judge.
ttb