IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 27302 of 2008(A) --------------------------------------- PETITIONERS: --------------------- 1. K.K. KURUVILA, KOMBANGERIL VEEDU, KIZHAKKUMBHAGAM.P.O, NIRANOM, THIRUVALLA. (CONVENOR EDAYODI CHEMBU PADASEKHARAM (A AND B BLOCK), KIZHAKKUMBHAGAM.P.O, NIRAMAN, THIRUVALLA. 2. K. THANKACHAN, CHALANADAYIL, KIZHAKKUMBHAGAM.P.O, NIRANAM, THIRUVALLA, (SECRETARY, EDAYODI CHEMBU PADASEKHARAM, KIZHAKKUMBAGAM.P.O, NIRANAM, THIRUVALLA). BY ADV. SRI.R.SURAJ KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REGISTRATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT REGISTRAR, PATHANAMTHITTA. 3. THE PUNCHA SPECIAL OFFICER, KIDANGAMPARAMBU, NEAR DISTRICT COURT, ALAPPUZHA. W.P.(C). NO.27302/2008-A: *ADDL. RESPONDENTS 4 & 5 IMPLEADED: 4. OOMMEN THOMAS, THEVERIL HOUSE, KIZHAKKUMBAGAM.P.O, NIRANAM, THIRUVALLA, (CONVENER, EDAYODI CHEMPU PADASEKHARAM, KIZHAKUMBHAGOM.P.O., NIRANAM, THIRUVALLA). 5. K. PURUSHAN, ASSARIPARAMPIL COLONY, KIZHAKKUMBHAGOM.P.O. NIRANAM, THIRUVALLA, (SECRETARY, EDAYODI CHEMPU PADASEKHARAM, KIZHAKUMBHAGOM.P.O., NIRANAM, THIRUVALLA). * ARE IMPLEADED AS ADDL. RESPONDENTS 4 & 5 AS PER ORDER DATED 29/09/2008 IN I.A. NO. 12415/2008. R1 & R2 BY GOVT. PLEADER SMT. M.R. SREELATHA, ADDL. R4 & R5 BY ADV. SRI.T.P.PRADEEP. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2009, ALONG WITH W.P.(C).NO. 27921/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.27302/2008-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION DTD. 19/09/2007. EXT.P.2: COPY OF THE BYE-LAW ON THE OFFICIAL MEETING OF THE SOCIETY. EXT.P.3: COPY OF THE APPLICATION DTD. 19/08/2007. EXT.P.4: COPY OF THE MEMBERSHIP REGISTER DTD. NIL. EXT.P.5: COPY OF THE MINUTES DTD. 01/07/2007. EXT.P.6: COPY OF THE PLAINT DTD. NIL. IN O.S. 379/2008. EXT.P.7: COPY OF THE REQUEST DTD. 04/08/2008. EXT.P.7: COPY OF THE INTIMATION DTD. 11/08/2008. EXT.P.9: COPY OF THE REPRESENTATION DTD. 16/06/2008 BEFORE THE R.2. EXT.P.10: COPY OF THE ORDER DTD. 18/08/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC,J. ----------------------- W.P.(C).Nos. 27302/08 & 27921/08 ------------------------ Dated this the 13th day of January, 2009. JUDGMENT Challenge in WP(c).No.27302/08 is against Ext.P10 notice issued by the District Registrar, Pathanamthitta requiring the petitioner herein to convene a General Body Meeting of the Edayodi Chembu Padasekharam. In so far as WP(c).No.27921/08 is concerned, the prayer sought is for the implementation of the aforesaid notice issued by the for District Registrar by compelling the petitioners in WP(c). No.27302/08 to convene the General Body. 2. When the matter was taken up for hearing, the counsel for the petitioners in WP(c).No.27302/08, mainly challenged Ext.P10 on the ground that the 2nd respondent had no jurisdiction to issue such a notice. According to him, in the event there is any dispute among the parties, the remedy available is to file a civil suit. WP(c).Nos.27302/08 & anor. 2 However, having regard to the fact that even according to the petitioners in WP(c).No.27302/08, the Padasekharam is now working as a charitable society, which is disputed by the petitioners in WP(c).No.27921/08, irrespective of the controversy I am not inclined to think that a direction to convene the General Body of the Padasekharam is erroneous for any reason. At this stage, counsel for the petitioners in WP (c).No.27302/08, voluntarily undertook before this court to convene a General Body Meeting of the Padasekharam. I record the submission. It is directed that the General Body Meeting shall be convened as expeditiously as possible and at any rate within 3 weeks from today. It is directed that before the General Boady meeting, the members of the Padasekharam shall be given sufficient notice of the said meeting. Now that the petitioners in WP(c).No.27302/08 undertook to convene a meeting as above, there is no reason to issue a direction as sought for by the petitioners in WP(c). No.27921/09. WP(c).Nos.27302/08 & anor. 3 Writ petitions are closed as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).Nos.27302/08 & anor. 4