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High Court of KeralaWP(C)/9260/2015disposed of

Virat Viswabrahma Samajam v. State Of Kerala

2015-03-24Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 --------------------------- PETITIONER(S):

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1. VIRAT VISWABRAHMA SAMAJAM, HAVING ITS REGISTERED OFFICE AT THARAMEKKAAVU BHAGAVATHI KSHETHRAM, THEKKUMBHAGAM, TRIPUNITHURA REP. BY ITS PRESENT SECRETARY, SHRI K.R. JANAKARAJAN, AGED 64, S/O.LATE K.N.RAMASWAMY ACHARI, KUNNUMPURATH HOUSE, VYMETHI, TRIPUNITHURA PO, NADAMA VILLAGE KANAYANNUR TALUK, ERNAKULAM DISTRICT.

2. M.G.MURUKESAN, AGED 52 S/O.M.S.GOPI ACHARI, MALIAKKAL PUTHENVEEDU, UDAYAMPEROOR, MANAKUNNAM VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.VARGHESE C.KURIAKOSE RESPONDENT(S):

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1. STATE OF KERALA REP. BY ITS SECRETARY, DEPT OF REGISTRATION, SECRETARIAT, TRIVANDRUM 695001

2. THE INSPECTOR GENERAL OF REGISTRATION, O/O.THE INSPECTOR GENERAL OF REGISTRATION, TRIVANDRUM 695002.

3. THE DISTRICT REGISTRAR (GENERAL) O/O.THE DISTRICT REGISTRAR, OPP. MAHARAJA'S COLLEGE GROUND , M.G.ROAD, ERNAKULAM 682011.

4. THE REGISTRAR, UNDER THE TRAVANCORE COCHIN LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES, M.G.ROAD, ERNAKULAM 682011.

2/-

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5. SHRI. K.G.SUNDARAN, AGED ABOUT 38, S/O.GOPALAN ACHARI, KURUNNOTH HOUSE, CHATHARI TRIPUNITHURA, NADAMA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT 682301.

R1 TO R4 BY (SR) GOVERNMENT PLEADER SRI.K.C.VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

vmr

--------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE DATED 12.11.1949.

EXHIBIT P2:

TRUE PHOTOSTAT COPY OF THE RULES AND BYELAWS OF THE 1ST PETITIONER.

EXHIBIT P3:

TRUE PHOTOSTAT COPY OF THE DETAILED REPRESENTATION TO THE 4TH RESPONDENT WITH COPY TO THE 2ND RESPONDENT SUBMITTED BY THE 1ST PETITIONER.

EXHIBIT P4:

TRUE PHOTOSTAT COPY OF THE LETTER DATED 19.02.2015 REQUIRING ATTENDANCE AND APPEARANCE ISSUED BY 3RD RESPONDENT.

EXHIBIT P5:

TRUE PHOTOSTAT COPY OF THE STATEMENT RECORDED BY 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS :

NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE vmr

P.R. RAMACHANDRA MENON, J.

======================== W.P.(C). No. 9260 of 2015 -------------------------------------------- Dated this the 24th day of March, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"i. Issue a writ, order or directions in the nature of Mandamus or other appropriate writ calling for the records leading to the issue including the grant of registration as EKM/TC/27/2015 under the titular name Virat Viswabrahma Samajam on the application of the 5th respondent examine the same and quash the same by holding the actions of the 3rd and 4th respondent in making such registration as illegal, unwarranted and unsustainable in law and cancel the same. ii. Issue a writ order or direction in the nature of Mandamus or other appropriate writ, directing the 3rd respondent to take up Ext.P3 application and conclude the enquiry and pass orders on the same at the earliest by cancelling the registration number EKM/TC/27/2015 issued under the titular name Virat Viswambrahma Samajam issued on the application of the 5th respondent.

iii. Declare that the 1st petitioner is a duly registered association under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act 1955 by virtue of Section 34 of Travancore Cochin Literary Scientific and Charitable Societies Registration Act 1955 on account of the registration of the 1st petitioner as serial No.1/25 under Cochin Act II of 1088.

iv. Allow the petitioner to recover the full costs incurred for the institution and conduct of this W.P(C) from respondents No.3,4 and 5."

W.P.C. No.9260 of 2015 -2The learned counsel for the petitioners submits that the grievance of the petitioner has also been projected by way of Ext.P3 and that the petitioners will be satisfied, if a direction is given to the concerned respondent to consider and pass appropriate orders on Ext.P3 within a reasonable time.

2. Heard the learned Government Pleader as well.

3. In view of the limited relief sought for, this Court does not find it necessary to go into the merits of the case nor is it necessary to issue notice to the 5th respondent for the time being. The writ petition is disposed of, directing the 4th respondent to consider and pass appropriate orders on Ext.P3 in accordance with law, after giving an opportunity of hearing to the petitioners, 5th respondent and other interested parties, if any, at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment. The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.

The writ petition is disposed of.

P.R. RAMACHANDRA MENON, JUDGE.

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