IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 20331 of 2007(U) --------------------------------------- PETITIONER(S): ----------------------- K.T.MOHAMMED ALI, FAIBA TRADERS, POST WANDOOR, MALAPPURAM DISTRICT. PRESIDENT, WANDOOR JAM IYYATHUL MUJAHIDHEEN, WANDOOR, MALAPPURAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) RESPONDENT(S): ------------------------ 1. THE DISTRICT REGISTRAR & REGISTRAR OF SOCIETIES, MALAPPURAM. 2. M.ABDULLA, MUKKANNAN HOUSE, WANDOOR P.O., MALAPPURAM DISTRICT. ADV. SRI.P.K.SURESH KUMAR FOR R2 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, ALONG WITH WPC NO. 1705 OF 2008 WPC NO. 9127 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20331/2007 APPENDIX P1:- COPY OF THE REGISTRATION CERTIFICATE OF THE SOCIETY DT. 21.8.59. P2:- COPY OF THE AFFILIATION CERTIFICATE ISSUED BY THE KERALA NADAVATHUL MUHAHIDHEEN DT. 13.3.03. P3:- COPY OF THE PROCEEDINGS OF ASSISTANT EDUCATIONAL OFFICER, WANDOOR DT. 6.2.1992. P4:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE KERALA STATE WAKF BOARD DT. 27.11.06. P5:- COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER, WANDOOR DT. 29.1.07. P6:- COPY OF THE RECEIPT ISSUED BY THE KERALA STATE WAKF BOARD FOR PAYMENT OF CONTRIBUTION TO THE WAKF BOARD BY THE PETITIONER DT. 9.2.07. P7:- COPY OF THE LIST OF THE OFFICE BEARERS ELECTED IN THE MEETING DT. 2.4.07. P8:- COPY OF THE COMMUNICATION ISSUED BY THE IST RESPONDENT DT. 2.4.07. P9:- COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DT. 28.5.07. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE NOTICE DT. 28.4.07 ISSUED BY THE IST RESPONDENT R2(b):- COPY OF THE LIST OF WORKING COMMITTED ELECTED AT THE GENERAL BODY HELD AT THE WANDOOR JAM IYYATHUL MUJAHIDEEN OFFICE ON 7.9.05. SUBMITTED BY THE PETITIOENR HIMSELF BEFORE THE SIT RESPONDENT. R2(c):- COPY OF THE APPROVED AMENDED BYE LAWS OF WANDOOR JAM IYYATHUL MUJAHIDEEN. /TRUE COPY/ P.A. TO JUDGE tss ANTONY DOMINIC, J. ====================== W.P.(C) NO. 20331 OF 2007, W.P.(C) NO. 1705 & 9127 OF 2008 ====================== Dated this the 23rd day of October, 2008 J U D G M E N T The challenge in W.P.(C)No. 20331 of 2007 is against Ext.P9, an order passed by the District Registrar and Registrar of Societies, Malappuram approving the list of office bearers of Wandoor Jam Iyyathul Mujahidheen, a Society under the Societies Registration Act. Based on Ext.P9, the President of the Society was appointed as the Manager of Madrassa A.L.P. School, Wandoor by DPIS order dated 8.8.2007 which is under challenge in W.P.(C)No. 1705 of 2008. The President himself has filed W.P.(C)No. 9127 of 2008 praying for the implementation of the DPI's order directing his approval as the Manager. 2. It is now pointed out that the term of the office bearers of the Society itself is by now over and therefore the Managership of the President which was approved as above is also over. It is also pointed out that fresh election has been held and list of office bearers of the Society has been submitted to the District Registrar for his approval wherein petitioners in W.P.(C)No. 20331 of 2007 and 1705 of 2008 have filed their objection also. WPC 20331/07, 1705/08 & 9127/08 :2 : 3. Thus the challenge in these writ petition Nos.20331 of 2007 and 1705 of 2008 by lapse of time, has become infructuous. For the same reason, W.P.(C)No. 9127 of 2008 also has become infructuous. 4. Now that the matter is again pending before the District Registrar, it is up to him to consider the fresh list of office bearers of the Society submitted above, and he will be free to pass orders thereon, untramelled by his previous orders. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE jj