BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM

(Special Original Jurisdiction)

W.P. (C) No. of 2011

Between

V.K.Rajendran, Valathara House, Kudilimukku, Petitioner

DSC Quarters , Kochi-682021
Kerala

And

1. State of Kerala ,Represented by Chief Secretary,

Secretariat, Thiruvananthapuram.

2. District Registrar (General)/Registrar of Societies, Respondents

Office of the District Registrar, Thrissur.

3. Sree Vidyaprakasini Sabha,

Reg. No. 7/1120, Elthuruth P.O,
Kodungallur, Thrissur-680664
Represented by its Secretary
WRIT PETITION (CIVIL) FILED UNDER ARICLE 226 OF THE CONSTITUTION OF INDIA

Address for the Petitioner is that of his counsels Benoy K. Kadavan & Dominic Johnson , Advocates, 4th floor, I S Press Building, Banerjee Road, Kochi-18., All notices and Processes upon the respondent may be served on their above shown
address or on their counsel, if any engaged. Petitioners above named beg leave to submit as follows:-
Statement of Facts.
1. Petitioner is a Group A Gazetted Officer with Ministry of Defence, DRDO (NPOL), Kochi-21, Petitioner is also a member of the 3rd respondent Society, registered under the Travancore-Cochin literary, Scientific and Charitable Societies
Registration Act,1956 (herein after referred to as ‘the act’ ). The society was formed in the year 1912 with an objective to conduct daily pujas and festivals in the Sreekumara Subramanian Temple Elthuruth. The objectives also provided for the
betterment of Education, religion, Charity, health of the members belonging to Ezhava community. The majority of the members are poor and uneducated.

]cmXn¡mc³ cmPyc£ma{´meb¯n {Kq¸v A KkäUv Hm^okdmbn tPmen sN¿p¶bmfpw aq¶mw {]Xnk`bnse

saw_dpw Bæì. (Cu k` XnêhnXmwIqÀ þ sIm¨n kmlnXy, imkv{Xob, [mÀ½nI kwL§Ä cPn{Ìm¡Â \nbaw
1956 {]Imcw {]hÀ¯nç¶ kwLamæì). Cu k` 1912  cq]wsIm­Xpw, CXnsâ Dt±i§Ä, {ioæamckp{_ÒWy³
tImhnense \nXy]qPIfpw, DÕh§fpw \S¯mëw, P\§fpsS CSbn hnZym`ymkw, aXw, [À½w, BtcmKyw
F¶nhsb ]cnt]mjn¸nçhmëw DÅXmæì. k`bnse `qcn`mKw AwK§fpw \nÀ[\êw, hnZym`ymk]cambn
]nt¶m¡w \nÂç¶hêamWv.
2. The present Governing Body of the 3rd respondent society was elected on the General body Meeting held on 30.03.2008. The president and Secretary were elected from the Governing Body. The president and Secretary are brothers in law.
As per Sec.7 of the Act and clause 22(4) of the Original Memorandum and Articles of association of the Society, the period of the Governing Body is only one year and it expired on March,2009. An extract of the memorandum and articles of
association showing clause 22(4) is produced herewith and marked as Exhibit P1. The present Governing Body is still continuing even after a period of around 3 years. Such an action of the Governing Body are absolutely illegal. On questioning
the authority , by virtue of which they have been continuing as Governing Body, they say that, as per Clause 21(1) (A) of the Memorandum Of Association and Articles of Association of the society brought in by the amendment made in
18.2.2007, the period of Governing Body of the Society is 3 years. A copy of the said clause in the amended Memorandum and articles of association is produced herewith and marked as Exhibit P2.

k`bnse Ct¸mgpÅ `cWkanXnsb 30.3.2008  \S¶ s]mXptbmK¯n XncsªSp¯XmWv. {]knUâns\bpw,

sk{I«dnsbbpw `cWkanXnbn \nìw XncsªSp¯n«pÅXmWv. {]knUâpw, sk{I«dnbpw, Afnb·mcmWv. taÂ
\nbaw skIvj³ 7 {]Imchpw, k`bpsS AÊÂ \nbamhenbnse 22(4) {]Imchpw, Hê `cWkanXnbpsS Imemh[n Hê
hÀjw am{XamsWìw AXv 2009 amÀ¨n ImelcWs¸«XpamWv. k`bpsS AÊ \nbamhenbpsS {]kà`mK§Ä
CtXmsSm¸w {]ZÀin¸n¨ncnçì. k`bnse Ct¸mgpÅ `cWkanXn Ignª aqìhÀjt¯mfambn A[nImc¯nÂ
XpSêIbmWv. C¯c¯nepÅ `cWkanXnbpsS {]hÀ¯nIÄ \nbahnê²amæì.CXns\çdn¨v `cWkanXntbmSv
tNmZn¨t¸mÄ, `mKw 21(1) (A) {]Imcw 18.2.2007  tNÀ¶ s]mXptbmK¯n \nbamhen t`ZKXn sNbvXv
aqìhÀjam¡nsb¶mWv `cWkanXn¡mÀ Adnbn¨Xv. \nbamhen t`ZKXn sNbvXXnsâ {]kà`mK§Ä
CXnt\msSm¸w c­mw \¼dmbn {]ZÀin¸n¨ncnçì.
3. It is submitted that, the 3rd respondent Society has amended the provision in violation of the Statute. Sec. 7 of the Act, mandates that, the Governing Body must be elected in all Annual General Meetings. The petitioner filed a query under
The Right to Information act,2005, before the 2nd Respondent Registrar, and the Registrar had explicitly stated that, the amendment made in the Byelaws increasing the term of Governing Body to 3 years is illegal as it is against the Sec. 7 of
the Act. A true copy of the communication given by the 2nd Respondent is produced herewith and marked as Exhibit P3. More over, in order to hide the illegality, the 3rd respondent society has not submitted the copies of the amendment
before the 2nd Respondent as required by Sec.22 of the Act. The query made under the Right to Information Act, made before the First respondent is produced herewith and marked as Exhibit P4 and the answer given by the 2nd Respondent
is produced herewith and marked as Exhibit P5. In Exhibit P3, the Registrar Explicitly states that, no documents have been filed by the 3rd respondent society since 30.08.2006. Thus the last documents submitted before the Registrar was the
annual accounts for the year 2004-2005. At this juncture it, need to be stated that, as the society has not filed the amendment with the first respondent registrar, the amendment has not come into force. Thus the present Governing Body has no
authority to remain in power as the period for the Governing Body stipulated in the Act and the Original Memorandum and Articles of Association have expired.

{]Xn k` \nbamhen t`ZKXn sNbvXXneqsS \nba¯nsâ Ggmw hæ¸nsâ ewL\w \S¯nbncnçì., \nba{]Imcw,
FÃm hmÀjnI s]mXptbmK¯nepw `cWkanXnsb XncsªSpt¡­Xp­v. ]cmXn¡mc³ hnhcmhImi\nba{]Imcw
PnÃmcPn{Ìmdn \nìw e`n¨ I¯nÂ, `cWkanXnbpsS Imemh[n aqìhÀjam¡n t`ZKXn sNbvXn«ps­¦n AXv
\nba¯nse Ggmw hæ¸nsâ ewL\amsW¶v cPn{ÌmÀ hyàambn ]dªncnçì. cPn{Ìmdn \nìw e`n¨ I¯nsâ
tIm¸n CXn aq¶mas¯ sXfnhmbn {]ZÀin¸n¨ncnçì. CXnt\¡mfp]cn, Cu {Iat¡Sv ad¨phím\mbn, k`bnÂ
\nìw t`ZKXn sNbvX \nbamhen cPn{ÌmdpsS Hm^okn kaÀ¸n¡s¸«n«nÃ. CXv \nba¯nse skIvj³ 22 {]Imcw
sNbvXncnt¡­XmWv.hnhcmhImi\nba {]Imcw e`n¨ cPn{ÌmdpsS I¯n \nìw, 30.8.2006 ë tijw k`bn \nìw
Hê tcJIfpw kaÀ¸n¨n«nà F¶v hyàambn ImWn¨ncnçì. 2004þ05 se s]mXptbmK¯nsâ tcJIfmWv
Ahkm\ambn PnÃmcPn{ÌmdpsS Hm^okn kaÀ¸n¡s¸«n«pÅXv. CXn \nìw, t`ZKXn sNbvX \nbamhenbpw
cPn{ÌmdpsS Hm^okn kaÀ¸n¨n«nsÃìw, BbXn\m Cu t`ZKXn¡v \nbakm[pXbnÃ. BbXn\m Ct¸mgs¯
`cWkanXn¡v `cW¯n XpScm³ AhImiansÃìw, `cWkanXn, \nbas¯ sXämbv hymJym\n¨v AÊ \nbamhen
ImelcWs¸«Xmbpw IêXpì.
4. It is submitted that, Ext.P3 information given By the second Respondent registrar reveals the indifference shown by the Governing Body towards the law of the land. Under Sec.13(4) of the Act, the society is bound to file, a copy of the balance
sheet with the first respondent Registrar , after the balance sheet and income and expenditure account have been laid before the society at the general meeting. As per Ext. P(3), the 3rd respondent society has not filed the balance sheet since
for the year 2004-2005. More over, As per Sec. 7(3) of the Act, a list of the Governing body of the society shall be filed with the 2nd Respondent registrar after the annual general body meeting. But no such documents were filed before the 2nd
Respondent registrar so far. Thus the present Governing Body are running the society without complying any provisions of law.

PnÃmcPn{Ìmdn \nìw e`n¨ I¯nÂ, \nba¯nse skIvj³ 13(4) s]mXptbmK¯n IWçIÄ t_m[n¸n¨ tijw
hmÀjnI _m¡n]{Xhpw, ]pXnb `cWkanXn AwK§fpsS hnhchpw PnÃmcPn{ÌÀ Hm^okn kaÀ¸nt¡­XmWv.
A{]Imcw k`bn \nìw CtXhsc PnÃmcPn{ÌmÀ ap³]msI kaÀ¸n¨n«nÃ. BbXn\m Ct¸mgpÅ `cWkanXn
\nbahnê²ambmWv {]hÀ¯nç¶Xv.
5. The Petitioner gave a complaint to the second Respondent showing the illegality committed by the present Governing Body in continuing their position after the statutory period of 1 year without any approval of the general Body of the 3rd
respondent society. It was also requested to take measures to elect new Governing Body as required by the act. A true copy of the complaint dated 26.10.2009 is produced herewith and marked as Exhibit P6. Based on Ext. P4, The 2nd
Respondent by a letter dated 14.12.2009 sought explanation from the 3rd respondent within 7 days. A true copy of the said communication is produced herewith and marked as Exhibit P7. But in spite of the said communication, the 3rd
respondent society did not file explanation to the Exhibit P5 letter. More over they continued their indifference towards the authorities created under the act and the Act itself.

\nba{]ImcapÅ Imemh[nbmb HêhÀjw Ignªn«pw s]mXptbmKXoêam\anÃmsX Cu `cWkanXn A[nImc¯nÂ

XpSê¶Xn\mÂ, ]cmXn¡mc³ PnÃmcPn{ÌmÀ¡v ]cmXns¸SpIbp­mbn. \nba{]Imcw ]pXnb `cWkanXnsb
XncsªSpçhm³ IqSn B ]cmXnbneqsS Bhiys¸«nêì. B I¯nsâ ASnØm\¯n 14.12.2009  Hcmgv¨¡Iw
adp]Sn ]dbm³ cPn{ÌmÀ k`tbmSv \nÀt±in¨nêì. ]t£ k` B I¯n\v adp]SnsImSp¡msX A[nImcnIsf
AhKWn¨v `cW¯n XpSêIbmé­mbXv.
6. The Governing Body of the 3rd respondent society in 2007 purchased 17.600 cents of land in Kodungallur . The Governing Body made to believe the general body that total cost for the purchase is 1 crore 30 Thousand.. On the ground it
withdrew equivalent amount of deposits it had with Kodungallur Co-operative Bank and other banks. . The Petitioner filed a request under the Right to Information Act,2005 for getting the details of the said purchase made by the 3rd respondent
Society. The application filed by the petitioner and the reply given by the sub registrar, Kodungallur are produced herewith and marked as Exhibit P8 and Exhibit P9 respectively. As per the information received from the sub registrar, Total
expenses incurred for the purchase is Rs. 23,85,000/- including the stamp value. As the petitioner raised this issue before the Governing Body, In order to adjust the amount, they are getting signatures of the poor and uneducated members on
blank papers, as they came to collect 10Kg of Rice distributed during onam season, as if to show that, these people were given interest free loans. At this juncture, it needs to be stated that no interest free loans have been distributed and the
poor people’s money has been siphoned off without their knowledge. As the petitioner questioned the reason for the withdrawal of such a huge amount for the purchase of property, the Governing Body took it as a threat to them and tried to
suspend the petitioner from the society At this juncture, the Petitioner was compelled to file a suit O.S. No.925/2009 restraining them from suspending the Petitioner and the court was pleased to grant an interim order restraining the 3rd
respondent from suspending the membership of the Petitioner till disposal of the suit.
k`bnse Cu `cWkanXn 2007  sImSp§Ãqcn k`ípth­n, 17.6000 skâv hkvXp hm§pIbp­mbn. HêtImSn,
ap¸Xn\mbncw cq]bmWv hkvXphnsâ CS]mSn\mbn NnehmbsX¶v, s]mXptbmK¯ns\ [cn¸n¨Xv.. Cu kµÀ`¯nÂ,
CtX XpIípÅ k`bpsS _m¦nse \nt£]§Ä sImSp§ÃqÀ klIcW _m¦n \nìw, aäp _mèIfn \nìw Cu
`cWkanXn¡mÀ ]n³hençIbmé­mbXv. sImSp§ÃqÀ k_vþcPn{ÌmÀ Hm^okn \nìw ]cmXn¡mc\v
hnhcmhImi\nba{]Imcw e`n¨ I¯nÂ, ap{Z]{X NnehpIfS¡w hkvXphnsâ hne 23,85,000 ( Cê]¯naqì e£¯n,
F¬]¯¿mbncw cq] ) am{XamsWìw Adnbphm³ Ignªp. CXns\çdn¨v ]cmXn¡mc³ tNmZyw D¶bn¨Xnë
tijw, IWçicnbmç¶Xnë th­n, ]mhs¸«hêw, hnZym`ymkw ædªhêamb AwK§fn \nìw AhÀ
HmW¯n\v k`bn \nìw hnXcWw sN¿p¶ 10 Intem Acn hm§phm³ h¶t¸mÄ, Ahcn \nìw, shÅISemknÂ
H¸phm§pIbpw, ]n¶oSXv ]eniclnX hmbv] kzoIcn¨ tcJbm¡n amäpIbpw sNbvXp. k`bpsS C{Xbpw `oaamb XpI
hkvXp hm§m³ ]n³hen¨Xns\çdn¨v ]cmXn¡mc³ tNmZn¨t¸mÄ, `cWkanXn AsXmê `ojWnbmbv FSpçIbpw,
]cmXn¡mcs\ saw_À Øm\¯p\nìw amäm³ Xoêam\nçIbpw sNbvXp. Cu kµÀ`¯n ]cmXn¡mc³ CXns\Xnsc
tIkpsImSpçIbpw, tImSXn CS¡me D¯chv AëhZn¨XneqsS tIkp Xoê¶Xphsc ]cmXn¡mcs\ saw_À
Øm\¯p\nìw amäêsXìw D¯chp­mbn.
7.The majority members of the society are uneducated and Poor people. The president and Secretary are brothers in law. They are manipulating the figures and trying to embezzle the amount . The 3rd respondent society is conducting a kuris
with a branch a Faridabad Branch. . They also are accepting ‘Thalam deposits’ without any permission as required by the Reserve Bank of India. More over, the society has not filed any returns before the Income Tax authorities. The Petitioner
filed an application before the Income Tax authorities regarding the filing of any income tax returns by the 3rd respondent. The true copies of the application and the communication given by the Income tax authorities are produced herewith and
marked as Exhibit P10 and Exhibit P11. The society also has not filed any balance sheet or income and expenditure statement before the 2nd Respondent. Thus the 3rd respondent society is being conducted in violation of the provisions of
the law.
k`bnse saw_Àamcn `qcn`mKhpw ]mhs¸«hêw, hnZy`ymkw ædªhêamWv. {]knUâpw, sk{I«dnbpw
Afnb·mcmWv. ChÀ IWçIfn Xncnadn\S¯n XpI X«nsbSp¡m³ {iançì. k` ^coZm_mZn \nìw ædnIÄ
\S¯pì. `mcXob dnkÀhv _m¦nsâ AëhmZanÃmsX Xfw Ut¸mknäpIÄ kzoIcnçì. CXns\Ãmap]cnbmbn, C³Iw
SmIvkv dnt«éIÄ IrXyambn kaÀ¸nç¶nÃ. hnhcmhImi\nba{]Imcw {XnÈqÀ C³Iw SmIvkv Hm^okn \nìw
]cmXn¡mc\v e`n¨ I¯pIÄ ChnsS {]ZÀin¸n¨ncnçì. k` hchp Nnehp IWçIfpsS hmÀjnI _m¡n ]{Xhpw
PnÃmcPn{ÌmÀ Hm^okn kaÀ¸n¡mdnÃ. BbXn\m k` \nbaw ewLn¨v {]h¯nçì.
8. As the 2nd Respondent was not taking any action on Ext. P4, the petitioner was constrained to make a complaint before the District Collector, narrating the above said fraud and illegality being perpetrated by the 3rd respondent a true copy
of which is produced herewith and marked as Exhibit P12 . The district Collector was pleased to refer the matter to the 2nd Respondent Registrar. The 2nd Respondent Registrar has issued a show cause notice to the 3rd respondent as to why
no action should be taken against them . A true copy of the show cause notice is produced herewith and marked as Exhibit P 13. In the mean while the 3rd respondent approached the high Court with a writ Petition W. P.(c) No.18158 of 2010
seeking a declaration to the effect that , the fixing of tenure of 3 years for the Governing Body is in order.

PnÃmcPn{ÌmÀ k`síXnsc \nba\S]SnIÄ ssIs¡mÅm¯ Ahkc¯nÂ, ]cmXn¡mc³ _lpam\s¸« PnÃm IfÎÀ

ap³]msI k` \nbahnê²ambn {]hÀ¯nçìsh¶v ImWn¨v I¯bçIbp­mbn. PnÃm IfÎÀ Cu Imcyw PnÃm
cPn{ÌmÀ¡v \S]SnsbSp¡m³ Bhiys¸«v Ab¨psImSpçIbpw, PnÃm cPn{ÌmÀ Hê ImcWw ImWn¡Â t\m«okv
k`bnteív AbçIbpw, k`síXnsc \S]SnsbSp¡mXncn¡m³ hà ImcW§Ä Ds­¦n t_m[n¸nçhmëw
Bhiys¸«nêì. CXn\nSív, k` ssls¡mSXnbn dn«v lÀPn kaÀ¸nçIbpw, `cWkanXnbpsS Imemh[n
aqìhÀjam¡nb \S]Sn icnbmsWì Øm]n¡mëw Bhiys¸«p.
9. It is submitted that, there are more than 900 members in the society. Majority of the members are poor and uneducated. The President and secretary of the society are brothers in law.The present Governing Body are continuing their position
in spite of the expiry of the period and without the permission of the general body as mandated by the act.More over, The society is bound to file the balance sheet and income and expenditure account before the 2nd Respondent since the year
2006. The society has not even cared to file the copy of the amendment before the 2nd Respondent so as to hide the illegality involved in increasing the term to 3 years. More over the Governing Body has siphoned of More than a crore on the
ground of purchase of property. Hence the petitioner has filed a representation dated 17.05.2010 before the 2nd Respondent to make an enquiry into the affairs of the 3rd respondent Society A true copy of which is produced herewith and
marked as Exhibit P14. But no action has been taken so far on the representation. Petitioner has brought all the illegalities being perpetrated by the Governing Body of the Second Respondent. But the 2nd Respondent is not taking any action.
Petitioner has filed a detailed representation before the Chief Secretary , showing all the details of illegalities being perpetrated by the present Governing Body. A true copy of the representation is being produced herewith and marked as
Exhibit P15. But no action has been taken so far.

10. Petitioner is a member of the society and is really interested in the well being of the society. As stated earlier, the members of the society are poor and uneducated.and marginalized. The present Governing Body are politically and
economically powerful . On questioning the illegality, they threaten the members that, their signatures obtained on the blank papers will be utilized against them. The attempt of the Governing Body is to siphon off an amount of Rs.1 crore on the
ground of purchase of property. They are continuing in power without any authority under the act. They know that, as they have got their blank signatures of the majority of the members, the petitioners will not be able to gather 10% of the
members to approach the district court for the removal of the present Governing Body.

]cmXn¡mc³ k`bnse saw_dpw, k`bpsS \à \S¯n¸n\mbn B{Klnç¶bmfpamWv.t\cs¯ {]Ømhn¨Xpt]mse,

k`bnse AwK§Ä ]mhs¸«hêw, hnZym`ymkw ædªhêamWv. Ct¸mgs¯ `cWkanXn, cmãob]cambpw,
km¼¯nI]cambpw iànbpÅhcmWv. Ct¸mgpÅ \nbahnê²ambv {]hÀ¯\§sfçdn¨v tNmZn¨t¸mÄ, saw_ÀamÀ
H¸n«psImSp¯ shÅISemkpIÄ D]tbmKn¨v saw_Àamsc `mjWns¸Sp¯pIbmWv. hkvXphm§nbXnsâ adhnÂ,
HêtImSntbmfw cq] DuänsbSpçhm³ th­nbpÅ {ia§fmWnsXÃmw. \nba¯nsâ _eanÃmsX Ct¸mgpw ChÀ
A[nImc¯n XpSêì. saw_Àamcn \nìw shÅISemkn H¸p tiJcn¨n«pÅXn\m Cu `cWkanXnsb
]pd¯mç¶Xnteív, ]cmXn¡mc\v PnÃm tImSXnsb kao]nçhm\mbn k`bnse ]¯p iXam\w t]êsS klIcWw
t]mepwIn«m¯ AhØbnemWv.
11. Petitioner is very much aggrieved of the above situation. Left without any other remedy of an efficacious and speedy nature, than to approach this honourable Court, Petitioners files this Writ Petition under Article 226 of the Constitution of
India seeking reliefs on the following among other
Cu kµÀ`¯n ]cmXn¡mc³ hfsctbsd hnjanç¶Xn\mÂ, s]«ìÅ ]cnlmc¯n\mbn _lpam\s¸«
tImSXnbÃmsX thsd hgnbnÃm¯Xn\mepw, Xmsg sImSp¯ncnç¶ Imcy§Ä¡v Bizmkap­mçhm³
At]£nçì.
GROUNDS

A. The Governing Body of the 3rd respondent society has no authority to remain in power as the period prescribed in the statute for the Governing Body is only one year. As they have taken charge on 30.03.2008, their term is over by the end of
February, 2009. Sec. 7 of the act specifically mandates that, the Governing Body has to be elected in all annual general body meetings. More over the 2nd Respondent Registrar itself has stated in Ext. P1. that, Governing Body cannot continue
in power unless approved by the General Body Meetings. As this matter was brought before the 2nd Respondent Registrar, he was bound to remove the Governing Body as they were continuing their positions against the statute.

2008 amÀ¨n Cu `cWkanXnbpsS Imeh[nbmb Hê hÀjw IgnªXn\m Cu `cWkanXn¡v \nbaw

Aëimknç¶ coXnbnÂ, `cW¯n XpSêhm³ AhImianÃm¯XWv. ChêsS Imemh[n amÀ¨v 2009 Â
Ignªn«pÅXmWvv. BÎnse hæ¸v 7 {]Imcw ]pXnb `cWkanXnsb FÃm hmÀjnI s]mXptbmKm¯nepw
XncsªSpt¡­XmWv. FÃm hÀjhpw, s]mXptbmK¯nsâ Xoêam\anÃmsX `cWkanXn AwKoIcn¡msX `cW¯nÂ
XpSêhm³ ]mSnÃm¯XmsW¶v cPn{ÌmdpsS I¯n ]dbpì.
B. The Governing Body are trying to justify their authority on the basis of the amendment brought in the Memorandum and Articles of Association increasing the period of Governing Body to 3 years. It is submitted that, such an amendment is
illegal as it is against Sec.7 of the Act. Sec.7 of the Act specifically provides that, the election to the governing body must be held in all annual general body meetings. Any amendment in the Memorandum and Articles of Association against the
statute is per se illegal and lack any applicability to the governance of the Society. The continuation as Governing Body on the basis of amendment is not maintainable . Hence the Governing Body are bound to be removed by the First
Respondent as they are holding the power without any legal sanctity.

\nbamhen t`ZKXnsNbvXv `cWkanXnbpsS Imemh[n aqìhÀjam¡nb \S]Snsb \ymboIcn¡m\mWv Cu

`cWkanXn {ianç¶Xv. CXv BÎnse hæ¸v 7 sâ ewL\amWv. hæ¸v 7 {]tXyIambn ]dbp¶Xv,
`cWkanXnbnteípÅ XncsªSp¸v hmÀjnI s]mXptbmK¯n h¨v \S¯Wsa¶mWv. BÎns\Xncmbn \nbamhen
t`ZKXnsN¿phm³ Hê `cWkanXnçw A[nImcanÃ. \nbamhen \nba¯ns\Xncmbn t`ZKXn \S¯n `cW¯nÂ
XpSê¶Xv AëhZn¡m\mhnÃ. BbXn\m \nba¯në hnê²ambn XpSê¶ Cu `cWkanXnsb kÀ¡mÀ CSs]«v
\o¡w sN¿Ww.
C. It is also submitted that, apart from the illegality in the amendment, the Governing Body did not file a copy of the said amendment was not produced before the registrar in compliance of Sec. .22 of the Act. It appears that, such non
compliance of Sec.22 of the Act was done in order to hide the said amendment, as it is an explicit violation of the Act. If such a copy was filed, the 1 st t respondent could have found out and asked them to remove it. In order to retain in power
they, willfully acted against the act. More over, as the said document was not filed before the registrar, that amendment cannot be said to come in force. Thus the Present Governing Body has no authority in Power. As the illegality was brought
before the 2nd Respondent Registrar, he should have directed them to vacate the office. The 2nd Respondent is acting in lackadaisical manner, enabling the Governing Body to perpetrate the illegality while remaining in Power.

\nbamhen t`ZKXnbnse \|\XIÄ¡¸pdw, BÎnse hæ¸v 22 {]Imcw \nbamhenbpsS tIm¸n cPn{ÌmÀ ap³]msI
kaÀ¸n¡s¸«n«nÃ. CsXÃmw \nbamhenbnse A]mIXIÄ ]pd¯phcmXncnçhm³ th­nbmWv. Cu \nbamhen
t`ZKXn cPn{ÌmÀ¡v kaÀ¸n¨nêìsh¦nÂ, At±lw AXnse ]nghpIÄ Is­¯n AsXÃmw amäphm³
Bhiys¸Spambnêì. `cW¯n XpSêhm³ th­n, ChÀ a\]qÀhw \nba¯ns\Xncmbn {]hÀ¯nçIbmWv.Cu
t`ZKXn cPn{Ìm¡v kaÀ¸n¡m¯Xn\m CXn\v \nba {]m_eyanÃ. BbXn\m Cu `cWkanXn¡v `cn¡m³
A[nImcanÃ. CXv cPn{ÌmdpsS {i²bn s]Sp¯nbnês¶¦nÂ, Cu `cWkanXntbmSv Hm^okn \nìw Hgnªp
t]mIm³ D¯chndçambnêì.c­mw {]Xn cPn{ÌmÀ hyàamb \ne]mSpkzoIcn¡m¯Xn\mÂ, Cu `cWkanXn
Ct¸mgpw A[nImc¯n XpSêì.
D. The Present Governing Body have purchased a property of an extent of 17.600 cents in Kodungallur. The total amount spent for the purchase of property is only Rs. 23,85,000/- including the stamp value. But they have made people to
believe that, the purchase of property incurred an amount of Rs.1.3 crores. On that ground, they are withdrawing all the deposits of equivalent it had with Kodungallur Co-operative Bank other Banks . Such an action is only to siphon off these
funds. In order to hide these aspects, the society has not filed any balance sheet before the Registrar as required by sec. 13 of the Act since for the year 2004-2005. Thus the intention of the Governing Body is to cheat the poor and uneducated
members of the society .At this juncture the 2nd Respondent registrar can enquire into the affairs of the society , ask for the accounts and balance sheets for avoiding the future fraud.

k`ípth­n Cu `cWkanXn, sImSp§Ãqcn 17.6000 skâv hkvXp hm§nbn«p­v. ap{Z]{X NnehS¡w hkvXphn\v
NnehmbXv shdpw 23, 85,000 cq]bmWv. ]t£ `cWkanXn¡mÀ P\§sf ]dªv hnizkn¸n¨Xv hkvXphn\v HêtImSn
ap¸Xpe£w cq]bmbn F¶mWv.CXnsâ t]cn AhÀ k`ív As¡u­pIfpÅ sImSp§ÃqÀ klIcW_m¦nÂ
\nìw aäp_mèIfn \nìw ]Ww ]n³hençIbmé­mbXv. Cu {]hÀ¯nbneqsS k`bpsS BØn
DuänsbSpçhm³ th­nbmWv. CsXÃmw ad¨p]nSnçhm\mbn, cPn{ÌmdpsS ap³]n IWçIsfmìw Xs¶
lmPcm¡msX BÎnsâ hæ¸v 13 s\ ewLn¨ncnçì. k`bnse ]mhs¸«hêw, hnZym`ymkw ædªhscbpw
NXnçhm³ Dt±in¨mWnsXÃmw. Cu Ahkc¯n cPn{ÌmÀ¡v k`bpsS CS]mSpIsfçdn¨v At\zjn¡mw, AhtcmSv
IWçIfpw, hmÀjnI _m¡n]{Xhpw kaÀ¸n¡m³ Bhiys¸Smw, CXv `mhnbnse Iůc§sf XSpçhm³
D]Icnçw.
E. The society is being conducted in manner against the provisions of law The majority members of the society are uneducated and Poor people. The president and Secretary are brothers in law. They are manipulating the figures and trying to
embezzle the amount . The 3rd respondent society is conducting a kuris with a branch a Faridabad Branch. . They also are accepting ‘Thalam deposits’ without any permission as required by the Reserve Bank of India. More over, the society
has not filed any returns before the Income Tax authorities. The Petitioner filed an application before the Income Tax authorities regarding the filing of any income tax returns by the 3rd respondent.
k`bnse {]hÀ¯\§Ä \nba¯ns\XncmWv. k`bnse `qcn`mKw saw_Àamêw hnZym`ymkw ædªhêw,
]mhs¸«hêw BWv. {]knUâpw, sk{I«dnbpw Bfnb·mcmWv. ChÀ XncnadnIÄ ImWn¨v, XpI Zpê]tbmKw
sNbvXncnçì. k` ^coZm_mZn \nìw ædnIÄ \S¯pì. k` `mcXob dnkÀhv _m¦nsâ AëhmZanÃmsX Xfw
Ut¸mknäpIÄ kzoIcnçì. CXnt\¡mfp]cn, k`bn \nìw C³Iw SmIvkv dnt«éIÄ kaÀ¸nç¶nÃ.
]cmXn¡mc³ CXns\çdn¨v C³Iw SmIvkv A[nImcnIÄ¡v I¯b¨n«p­v.
F. The Governing Body remaining in power without any sanction of law. More over, they are trying to siphon off large amounts of money, which actually belongs to the poor and marginalized section of the society.such an action is being brought
before the 2nd Respondent registrar, he is bound to prevent the illegality. More over, if the Governing Body are allowed to continue, result in facilitating the looting of money belonging to poor people.
\nba¯nsâ bmsXmê ]n³_ehpw CÃmsX Cu `cWkanXn A[nImc¯n XpSêIbmWv. AXnt\¡Ä D]cnbmbn,
kaql¯nse ]mhs¸«hêw, Xgbs¸«hêamb hn`mK¡mêsS k¼mZyamb XpI DuänsbSpçhm³ ChÀ {iançì.
C¯c¯nepÅ \nbahnê²amb {]hÀ¯nIÄ XSbm³ cPn{ÌmÀ¡v Ignbpw. C\nbpw Cu `cWkanXnsb XpScm³
AëhZn¨mÂ, AXv ]mhs¸« P\§fpsS ]Ww sImÅbSn¡s¸SmëÅ Ahkcw Hêç¶Xn\v kaamWv.
G. The state government is empowered to enquire into the affairs of the society, so as to prevent the illegality being perpetrated by the society. The present Governing Body are powerful both economically and politically. They made to believe
other members of the society that memorandum and articles are the ultimate authority in determining the period of Governing Body. They also threaten the poor and uneducated people that, if they say anything against them, punitive actions
including the recovery of their property will be initiated against them.
k`bnse {]hÀ¯\§Ä \nbahnê²ambn XpSê¶Xns\Xnsc, At\zjn¡m³ tIcf kÀ¡mdn\v A[nImcap­v.
k`bpsS Ct¸mgpÅ `cWkanXn km¼¯nIambpw, cm{ãob]cambpw iàcmWv. s]mXptbmK¯n\mWv
`cWkanXnbpsS Imemh[nsbçdn¨v Xoêam\n¡mëÅ A[nImcsa¶mWv Cu `cWkanXn k`bnse saw_Àamsc
]dªv hnkzkn¸n¨ncnç¶Xv. ChÀs¡Xnsc {]hÀ¯nç¶hÀs¡Xnsc P]vXn\S]SnIÄ kzoIcn¨v hkvXphlIÄ
I­psI«psaìw ]dªv ]mhs¸«hêw, hnZym`ymkw ædªhêamb saw_Àamsc ChÀ `ojWns¸Sp¯pì.

For these and other reasons to be submitted at the time of hearing, it is most humbly prayed that this Hon’ble Court may be pleased to call for the records and :-

(i) Declare that Ext. P2 amendment made to the Memorandum and Articles of Association of the 3 rd respondent society fixing the term of Governing Body and Board of directors as 3years is illegal and in contravention of Sec.7
of the Travancore-Cochin literary, Scientific and Charitable Societies Registration Act,1956
\nbahnê²ambn t`ZKXn sNbvX \nbamhen, BÎnse Ggmw hæ¸nsâ ewL\ambXn\m `cWkanXnbpsS
Imemh[n aqìhÀjam¡nb \S]Sn sXämsW¶v D¯chndçI.
(ii) A writ of mandamus or other appropriate writ or order directing 2nd Respondent to remove the present Governing Body as their term has expired as mandated by the Act.
Imemh[n Ignªn«pw `cW¯n XpSê¶ Cu `cWkanXnsb \o¡w sN¿phmëÅ D¯chv ]pds¸Sphn¡m³
cPn{ÌmÀ¡v \nÀt±iw \ÂæI.
(iii) A writ of mandamus or other appropriate writ or order directing the 1st respondent to enquire into the affairs of the society, including call for accounts and inspection of books

k`bnse IWçw , Imcy§fpw, tIcfm Khs×âv t\cn«v CSs]«v At\zjn¡mëÅ D¯chv CdçI.
(iv) A writ of mandamus or other appropriate writ or order directing the 1st respondent to act upon Ext.P15 representation within a time limit as fixed by this honourable court.

INTERIM RELIEF

For the reasons stated in the Writ Petition (Civil) and the affidavit filed in support there of, it is most humbly prayed that the honourable court may be pleased to appoint a receiver to manage the affairs of the
society, till the disposal of this writ petition.

CS¡memizmkw
dn«v s]äoj\n {]Ømhn¨ncnç¶ ImcW§fmepw, CXns\ ]n´m§p¶ coXnbn kXyhmMvaqew kaÀ¸n¨Xn\mepw,
_lpam\s¸« tImSXn Aenhp­mbn Hê `cWm[nImcnsb \nban¨v k`bpsS `cWw Cu tIkv Ignbpw hsc
\S¯n¯cWsa¶v At]£n¨psImÅpì.
Dated this the 7 th day of March,2010