IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 15858 of 2008(K) ------------------------------------ PETITIONER: ------------------- SARASWATHI VILASAM MAHILA SAMAJAM, Q 35/61, VALLIKEEZHU, KAVANAD P.O.,KOLLAM- REPRESENTED BY ITS PRESIDENT SARASWATHI AMMA, THEVARAZHIKATHU VEEDU, KANNIMELCHERRY, SAKTHIKULANGARA VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ---------------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. PROGRAMME OFFICER, CHILD DEVELOPMENT PROGRAMME OFFICE (ICDP), ANCHALUMMOODU BLOCK, KOLLAM. 3. SECRETARY, KOLLAM MUNICIPAL CORPORATION, CORPORATION OFFICE, CHINNAKKADA, KOLLAM. R1 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE R3 BY STANDING COUNSEL SRI.M.K.CHANDRA MOHAN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15858 OF 2008-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE TITLE DEED DATED 26.2.1957 IN FAVOUR OF THE PETITIONER SAMAJAM EXT.P2 TRUE COPY OF LAND TAX RECEIPT DATED 22.7.2003 EXT.P3 TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 1ST RESPONDENT ALONG WITH POSTAL RECEIPT FROM THE PETITIONER DATED 28.2.2008 / TRUE COPY / Thottathil B. Radhakrishnan, J. - - - - - - - - - - - - - - - - -- - - - - - - - W.P.(C) No. 15858 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 JUDGMENT Saraswathi Vilasam Mahila Samajam, Vallikeezhu, Kollam is a society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act with registration No.Q 35/1961. Petitioner states that she is the President of that Society and Exts.P1 and P2 evidence the title of the society over the parcel of land. Ext.P1 is the title deed and Ext.P2 is the tax receipt. Ext.P3 is a representation made by the petitioner as the President of the Samajam to the District Collector complaining that there is an attempt to encroach upon the land of the petitioner in as much as the official respondents are attempting to demolish the building belonging to the society in which it had granted permission to house an Anganvadi under the ICDP project. With the passage of time, the allegation is that the official respondents are attempting to pull down the building for the purpose of building an Anganvadi. 2. Learned Government Pleader submits on instructions WPC No.15858 of 2008 -:2:- that one Lalithambika who was the former President and authorized signatory of the Society had written to the District Collector expressing consent to relinquish 5 cents of land for the purpose of the construction. Whatever be the merits or demerits of that action of that member of the Society, one thing is certain; i.e., an item of property belonging to the society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Act cannot be sold, relinquished or otherwise alienated, except on the specific decision of the governing body of the society to that effect. Obviously, it would not be in the interest of the State to act on any relinquishment unless it is supported by the decision of the general body of the society and in terms of the provisions of the aforesaid Travancore Cochin Literary, Scientific and Charitable Societies Act. 3. For the aforesaid reasons, this Writ Petition is allowed directing the District Collector to ensure that no action as complained of by the petitioner is taken and Government or any authority in relation to the ICDP project would not assert any title against the society, unless there is clear transfer of title in terms WPC No.15858 of 2008 -:3:- of the provisions of an appropriate legislation, be it the Transfer of Property Act, the Land acquisition Act or the Land Relinquishment Act. The Writ Petition is ordered accordingly. No costs. Thottathil B. Radhakrishnan, Judge. ttb WPC No.15858 of 2008 -:4:-