IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 6091 of 2011(J) ------------------------------------- PETITIONER(S): ------------------------- JOHNY KURUVILLA AGED 58 YEARS, S/O.POTHEN KURUVILLA,PADICKAMYALIL HOUSE, MARIDOM KARA,KIDANGOOR VILLAGE, KADAPLAMATTOM P.O.,KOTTAYAM DISTRICT,KERALA BY ADV. SRI.KURIAN CHEMBOLA MATHAI SMT.AYSHA RAHMAN RESPONDENT(S): -------------------------- 1. COMPANY LAW BOARD, CHENNAI BENCH HADDOWS ROAD, CHENNAI,PIN-600 006 2. M/S.RASTRA DEEPIKA LTD DEEPIKA BUILDINGS,COLLEGE ROAD, KOTTAYAM - 686 001,KERALA 3. REVD.FR.JAMES AERTHAYIL C.M.I.CENTRE,MADURAI ROAD, THENI-625 631,TAMIL NADU,KERALA 4. MR.P.P.SUNNY S/O.DEVASSYKUTTY PAULOSE, PENGIPARAMPAN HOUSE, CONVENT ROAD, CHALAKKUDY-680307,KERALA 5. MR.GEORGE JOSEPH MANNAMPLACKAL, VIZHUKITHDE,CHIRAKADAVU, KANJIRAPPALLY KOTTAYAM DISTRICT,KERALA,PIN:686633 6. MR.SUNIL JOSEPH KOOZHAMPALA 5 BEACHWOOD,CT.DIX HILLS, NY, NOW AT KOOZHAMPALA HOUSE, MANNACKKANAD P.O., KOTTAYAM DISTRICT,KERALA PIN-686633 WP(C)NO.6091/2011 7. MR.C.P.PAUL, 27/61,CHUNGATH HOUSE, CHAPPEL ROAD,CHALAKKUDY,THRISSUR-680211,KERALA 8. REV.FR.JOSEPH, AUGUSTINE KUZHINJALIL BISHOP'S HOUSE,PALA P.O., KOTTAYAM-686572, KERALA 9. MNGR.JOSEPH KURINJIPARAMBIL 88(4/108)ARCH BISHOP HOUSE,CHANGANACHERRY-686101 KOTTAYAM DISTRICT,KERALA 10. MNSGR, THOMAS MALAYAKUDY BISSHOP'S HOUSE, KOTHAMANGALAM, KERALA,PIN:686691 11. DR.DEVIS EDAKALATHUR, P.B.NO.17609,DOHA, NOW AT RASTRA DEEPIPKA LTD COLLEGE ROAD,KOTTAYAM,KERALA PIN:686 6001 12. REV.FR.GEEVARGHESE NEDIYATH VICER,ST.MARY'S CATHEDRAL PATTOM,THIRUVANANTHAPURAM-4 KERALA. 13. MGR.MATHEW M.CHALIL BISHOP'S HOUSE,TELLICHERRY P.O., KANNUR-60101,KERALA 14. MR.JACOB JOSEPH KUNJU THUNDIYIL VEEDU KIDANGARA P.O, KOTTAYAM DIST,KERALA,PIN-686102 15. REV.FR.MATHEW MANAVALAN MAJOR ARCH BISHOP'S HOUSE, ERNAKULAM-682031,KERALA. 16. MR.BENNY MATHEW POOVATHINKAL,PULIKKAKARA HOUSE, PUTHUPPADY P.O.,PIN-643586, KOZHIKODE DISTRICT, KERALA 17. PROF.THAMBY KARUNAN, DIVYA DEEPAM, TC.253/1,TARA 255,VANJIYOOR P.O.,KERALA 18. MR.CHACKO DEVASIA MALAYIL, MALAYIL HOUSE, NALUKODI P.O., CHANGANACHERRY,KOTTAYAM-686548 KOTTAYAM,KERALA sts WP(C)NO.6091/2011 19. THE MANAGING TRUSTEE, DEEPTHY MEDIA TRUST, KAKKANAD, KOCHI,KERALA 20. THE MANAGING TRUSTEE CHAVARA MEDIA TRUST KAKKANAD,KOCHI,KERALA 21. THE MANAGING TRUSTEE ARCEPARCHY CHARITABLE TRUST KAKKAND, KOCHI,KERALA 22. DR.FRANCIS CLEETUS S/O.FRANCIS,AGED 51 YEARS,CLIFFY HOUSE, TC 13/287,VANCHIYOOR VILLAGE EMS NAGER, PATTOOR, THIRUVANANTHAPURAM-685024 23. THE REGISTRAR OF COMPANIES,KOCHI KERALA R1 & R 23 BY ADV.SRI.T.P.M.IBRAHIM KHAN(CG-A.S.G) SRI.GEORGE ZACHARIA, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.R.RAMACHANDRA MENON, J ........................................... WP(C).NO.6091 OF 2011 ............................................ DATED THIS THE 28th DAY OF FEBRUARY, 2011 JUDGMENT The petitioner has approached this Court with the following prayers:- “i) to issue a writ of mandamus or any other appropriate writ order or direction directing the 3rd respondent to convene the Board Meeting of the 2nd respondent under the Chairmanship of the 22nd respondent, allowing to participate the petitioner along with the 17th and 18th respondents as the Directors of the Company and without allowing to participate the Directors claimed as re-elected and others inducted on the basis of the allotment of the enhanced sum of the authorized Capital till ratifying the List of the Register of shraes of the company by the Law Board in the Company Petition No.106/2010, 69/2007 and 214/2010 filed by the petitioner, 17th respondent and another M.K.Thomas against allotment of shares, investigation against misappropriation and malpractices etc. ii) issue a writ of mandamus or any other appropriate writ order or direction declaring the Minutes of the Board meeting of the 2nd respondent after 19th Annual General body Wpc 6091/2011 2 meeting, 21st Annual Report dated 28.1.2011 released recently by the 3rd and 4th respondent are frivolous and void not binding upon the petitioner and the 2nd respondent Company. Iii) to issue a direction to appoint a Commissioner for preparing a correct Audit Report taking all the documents of the 3rd respondent staying the unlawful 21st Meeting of the 2nd respondent Company by the 3rd and 4th respondent”. 2. Heard the learned counsel appearing for the petitioner, who seeks for immediate directions in view of the alleged adverse consequences which are likely to be resulted because of the General body meeting already scheduled. It is also stated that the matter is pending consideration before the Company Law Board, chennai. 3. Coming to the first prayer, obviously it is to issue a writ of mandamus to direct the 3rd respondent, a private party, to convene the Board Meeting of the 2nd respondent Company, in a particular manner as desired. No public duty is bought to light as vested on the 3rd respondent in this regard. As such, no writ will lie against a private person and in such circumstances, no relief Wpc 6091/2011 3 can be granted by this Court in this writ petition. 4. The second prayer obviously is to declare the minutes of the Board meeting of the 2nd respondent as frivolous and void and not binding upon the petitioner and the second respondent, Company. The said prayer as well as the third prayer seeking to appoint a Commissioner for preparing the correct audit report taking all documents of the third respondent staying the alleged unlawful 21st Meeting of the 2nd respondent Company by the 3rd and 4th respondent are obviously the reliefs to be pursued by the petitioner before other appropriate forum and not before this Court. This Court finds no ground to invoke the discretionary jurisdiction under Article 226 of the Constitution. The prayers in the writ petition are quite wrong and misconceived. Therefore, no interference is warranted. The writ petition fails and it is dismissed accordingly, however without prejudice to the rights and liberties of the petitioner to pursue other appropriate remedies in accordance with law. P.R.RAMACHANDRA MENON, JUDGE lgk