IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 15469 of 2010(G) -------------------------- PETITIONER(S): --------------- M/S THE SILK EMPLOYEES WELFARE SOCIETY NO.662,SILK NAGAR,PERINGANDOOR.P.O, THRISSUR-680 581,REP.BY ITS SECRETARY. BY ADV. SRI.ASOK M.CHERIAN SRI.S.KANNAN SMT.S.RAKHEE RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 2. DISTRICT COLLECOTOR,THRISSUR. 3. GENERAL MANAGER,ROADS AND BRIDGES DEVELOPMENT CORPORATION OF KERALA LTD,2ND FLOOR, PREETHI BUILDING,M.V.ROAD,PALARIVATTOM, KOCHI-682 025. 4. M/S.SASTHA AUTO SALES AND SERVICE, GURUVAYOOR ROAD,PUKKUNNAM,THRISSUR REP.BY ITS PROPRIETOR,E.GOPINADHA KURUP. ADV. SRI.K.PADMANABHAN FOR R4 BY GOVERNMENT PLEADER SRI.M.A.ASIF SRI.M.VIJAYAKUMAR , S.C. FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SIRI JAGAN, J. ---------------------------------- W.P(C) No.15469 OF 2010 ---------------------------------- Dated this the 7th day of June, 2010 JUDGMENT The petitioner is a Society registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. Certain properties of the Society has been acquired by the State. Petitioner's grievance is that the compensation due in respect thereof has not yet been paid to the petitioner. The acquisition was on behalf of the third respondent. The third respondent forwarded a cheque in the name of the Secretary of the Society to the District Collector for onward transmission to the petitioner. But the District Collector returned the same to the third respondent on the premise that there is a dispute as to who is the Secretary of the Society. In the meanwhile the petitioner is handicapped in so far as they are being proceeded against by 4th respondent for recovery of certain debts due from the petitioner to the 4th respondent, by bringing the property of the Society to sale. It is under the above circumstances, petitioner has filed this writ petition seeking the following relief: 1. to issue a writ in the nature of mandamus directing respondents 2 and 3 to disburse the compensation amount as fixed pursuant to Ext.P1 meeting held on 7.9.2009 to the petitioner without further delay; 2. to issue any other writ or direction appropriate in the circumstances of this case which this Hon'ble Court deems just and necessary. W.P(C) No.15469 OF 2010 2 2. I have heard the parties. The entitlement of the petitioner for the compensation is not disputed. The only objection raised by the second respondent is that in view of the dispute regarding as to who is the Secretary of the Society, they are not in a position to forward the cheque for the compensation amount to the petitioner. I am of the opinion that the Constitution of the Society or the question as to who is the Secretary etc. are not germain to the issue as far as respondents 2 and 3 are concerned. They need only forward a crossed cheque for the compensation amount to the Society as such. It is for the Society gets the cheque cashed through the Bank. In the above circumstances, this writ petition is disposed of with the following directions: The third respondent shall forward a crossed cheque drawn in the name of the petitioner to the District Collector tomorrow itself. The District Collector shall forward the same to the Society as soon as the same is received from the third respondent. The above exercise shall be completed within one week from today. S.SIRI JAGAN, JUDGE cms