IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(C).No. 19339 of 2009(J) -------------------------- PETITIONER : --------------- ST.JOHN AMBULANCE KERALA STATE CENTRE NO.537, TC 27/635, DHARMADESOM LANE, VANCHIYOOR P.O., THIRUVANANTHAPURAM-695 035, REPRESENTED BY ITS HON. GENERAL SECRETARY IN CHARGE. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. INDIAN RED CROSS SOCIETY, KERALA STATE BRANCH, RED CROSS ROAD, THIRUVANANTHAPURAM, KERALA-695 037, REPRESENTED BY ITS ADMINISTRATOR, KRISHNANDAN C. GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 19339 of 2009 -------------------------- Dated this the 15th July,2009 J U D G M E N T Petitioner claims to be the Kerala State Centre of the St.John Ambulance Association (India), which is an International Voluntary Organisation serving the sick and wounded during War, Peace and various calamities. It is registered as a society under the Societies Registration Act. The income from the Society is generated from contributions of members and amounts collected for imparting basic knowledge in the First Aid Care to individuals and organizations. Petitioner asserts its distinctive status from the Red Cross Society and this is for the reason that apparently the committee of the Red Cross Society was dissolved under orders passed by the Government as per Exhibit-P2. Essentially the petitioner apprehends that the Government would treat the petitioner as forming part of the Red Cross Society and hence the attempt to assert it's independent and distinct W.P ( C) No. 19339 of 2009 2 status. Present writ petition is in the wake of Exhibit-P10 notice of hearing issued by the Secretary to Government, Health and Family Welfare (M) Department requiring the petitioner to attend the hearing which was held on 22.06.2009. The petitioner apprehends its dissolution under orders of the Government, without further notice. Hence the writ petition. Learned Government Pleader, on instructions, submits that a hearing was actually held on 2.7.2009. Hitherto there has not been any notice of dissolution. It is made clear , without expressing any opinion on the contentions of the petitioner that the Government has no jurisdiction to order a dissolution, that if the Government proposes to take any such coercive action against the petitioner, it shall be preceded by a specific notice indicating such action, to the petitioner and the petitioner should be given an opportunity to resist any such action. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 19339 of 2009 3 W.P ( C) No. 19339 of 2009 4