Extracted from the PDF above. The PDF is authoritative.
2025:KER:27742 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 1ST DAY OF APRIL 2025/11TH CHAITHRA, 1947 WP(C) NO.30023 OF 2019 PETITIONER T.P.JABBAR, AGED 37 YEARS, S/O.KUNHIMOIDEEN, GENERAL SECRETARY, KARAMOOLA HIDAYATHUL MUSLIMEEN SANGHAM, KUMARANELLOOR P.O., MUKKAM, KOZHIKODE DISTRICT, PIN- 673602. BY ADV R.RAMADAS RESPONDENTS 1 THE DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR (GENERAL), KOZHIKODE, PIN- 673001. 2 U.ALIKUTTY, ULLADAN HOUSE, KARAMOOLA, KUMARANELLOOR, MUKKAM, KOZHIKODE DISTRICT, PIN- 673602. BY ADVS. GOVERNMENT PLEADER SMT.PREETHI. P.V. SRI.M.V.BALAGOPAL SMT.SURYA BINOY, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:27742 wp(c) No.30023 of 2019 2 JUDGMENT The petitioner challenges Ext.P4 order passed by the 1st respondent, purportedly invoking Section 4 of the Societies Registration Act as per which the list of members of a society has to be submitted every year. By the impugned order, the list of members submitted by the petitioner has been returned on the ground that the list submitted by the 2nd respondent pertaining to the year 2018 -2019 was already accepted. 2. It is submitted by the learned Counsel for the petitioner that he intends to submit a fresh list for the period commencing from 1st April 2025. In case a fresh list is submitted as above, the same shall be considered strictly in terms of Section 4 of the Societies Registration Act and in the light of the principles of law contained in the decision of this Court C.M.Z. Musliar v. Aboobacker [1998 (1) KLT 136] which was affirmed by the Hon’ble Supreme Court in A.P. Aboobaker
2025:KER:27742 wp(c) No.30023 of 2019 3 Musaliar v. Distt. Registrar (G), Kozhikode and others [(2004) 11 SCC 247]. It is made clear that a fresh decision untrammelled by Ext P4 has to be taken by the 1st respondent, as directed above, with notice to the petitioner and also to other affected parties and in accordance with the principles stated in the judgments referred above. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P. JUDGE Cak
2025:KER:27742 wp(c) No.30023 of 2019 4 APPENDIX OF WP(C) 30023/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER DATED 10.08.2000 ISSUED BY THE DISTRICT REGISTRAR TO VELLALASSERY KALANDANKUNHI. EXHIBIT P2 TRUE COPY OF LIST OF MEMBERS OF THE SOCIETY FOR THE PERIOD 2018-19 BEFORE THE 1ST RESPONDENT BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 25.10.2018 BEFORE THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 12.11.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)NO.22721/2011 DATED 30.03.2016. EXHIBIT P6 TRUE COPY OF THE PLAINT DATED 25.07.2019 IN O.S.NO.568/2019 BEFORE THE WAKF TRIBUNAL, KOZHIKODE.