IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 13189 of 2009(P) -------------------------- PETITIONER(S): --------------- SREEKRISHNAPURAM EDUCATIONAL SOCIETY, REP.BY ITS PRESIDENT,SREEKRISHNAPURAM P.O, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE DISTRICT REGISTAR (GENERAL) PALAKKAD 2. THE INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).13189/2009 -------------------- Dated this the 4th day of June, 2009 JUDGMENT Heard Mr.Chitambaresh, learned senior counsel for the petitioner and learned Government Pleader. 2. Petitioner, a Society registered under the Societies Registration Act, 1860, applied for a certified copy of the Certificate of registration. Apparently, certificate was declined. Matter was taken up before this Court. Respondents in the counter affidavit took up a contention that the Society is not functioning and that therefore, the same has become defunct by virtue of Section 19 of the Act. This contention was considered and rejected by this Court inter alia referring to Section 13 of the Act which alone provides for a dissolution of a Society. Writ petition was therefore, allowed and the following directions were issued by this Court:- W.P.(C).13189/09 2 “In the above circumstances, the petitioner has made out a case for granting reliefs as prayed for in this writ petition. Accordingly, I quash Ext.P3 and direct the respondent to issue a certified copy of Ext.P1 certificate of Registration of the petitioner Society to the petitioner within a period of one month from the date of receipt of a copy of this judgment.” 3. Society then filed an annual income and expenditure statement as also the list of office bearers relatable to years 1959 to 2008. Obviously there was a delay in filing the list of office bearers. It was upto the 1st respondent to take note of the same and exercise his powers under Section 4 of the Act. But by Ext.P5, 1st respondent declined to take on file the list of office bearers or the income and expenditure statement on the ground that the Society should be deemed to have become defunct W.P.(C).13189/09 3 by virtue of Section 3(A) of the Act. Ext.P5 has been challenged in this writ petition. 4. Mr.Chitambaresh rightly points out that the Central Act does not contain Section 3(A). The stand taken by the respondents that the Society will have to be treated as defunct, was considered and rejected by this Court in Ext.P1 judgment. What remains is the delay in submitting the list of office bearers for the years 1959 to 2008. That is a matter for enquiry. But the respondents cannot decline to make an enquiry or otherwise proceeded with the processing of the list of office bearers in terms of the provisions of the Act for reasons contained in Ext.P5. 5. Accordingly, Ext.P5 is quashed. First respondent is directed to take further action on the list of office bearers and the annual income and expenditure statement produced along with Ext.P3, W.P.(C).13189/09 4 in accordance with law and take a decision in terms of Section 4 of the Act. This shall be done within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs