WP(C) NO. 28650 OF 2019 1 2025:KER:25762 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 28650 OF 2019 PETITIONERS: 1 ABOOBACKER B.A., S/O.ABDULLA, NECHIPADDAPP, ALAMPADY POST, KASARAGOD DISTRICT - 671 123. 2 B.BEERAN, S/O.MAHIN KUNHI, AKKARAPALLA, ALAMBADY P.O., KASARAGODE DISTRICT, PIN - 671 123. 3 MECHIPPADAPPU MUHIYUDHEEN MASJID COMMITTEE, (REG.NO.230/2012), ALAMPADY POST, KASARAGODE, REPRESENTED BY ITS SECRETARY, ABOOBACKER B.A., S/O.ABDULLA, NECHIPADUPPA, ALAMPADY POST, KASARAGOD DISTRICT - 671 123. BY ADVS. K.M.FIROZ SMT.M.SHAJNA RESPONDENTS: 1 STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF REGISTRATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DISTRICT REGISTRAR, KASARAGODE, OFFICE OF THE DISTRICT REGISTRAR, CIVIL STATION, A BLOCK, VIDYANAGAR POST, KASARAGODE - 671 123. WP(C) NO. 28650 OF 2019 2 2025:KER:25762 3 A.M.ABOOBACKER, S/O.MAHIN KUNJU, MECHIPODATH HOUSE, ALAMPADY POST, KASARAGODE DISTRICT - 671 123. 4 P.M.ABDULLA HAJI, AGED 50, S/O.MOHAMMED POYYAYIL, POYYAYIL HOUSE, ALAMPADY POST, KASARAGOD DISTRICT - 671 123. BY ADV SRI.R.RAMADAS SRI.DHEERAJ A.S., G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28650 OF 2019 3 2025:KER:25762 JUDGMENT The petitioners challenge Ext.P12 order passed by the 2nd respondent, which, according to them, is contrary to Section 4 of the Societies Registration Act. The learned counsel for the petitioners submits that Ext.P12 did not consider any of the relevant aspects or the decisions which laid down the applicable principles. By Ext.P12, the list submitted by the 3rd and 4th respondents for the earlier years was accepted. 2. Upon admission of this writ petition, an interim order, staying all further proceedings pursuant to Ext.P12, was granted, and the same is still in force. 3. Without any expression on the merits of the dispute, taking note of the fact that the list considered in Ext.P12 was for the years 2018-2019 and 2019-2020 and that the petitioners have now submitted a fresh list for year 2025-2026, the 2nd respondent is directed to take a fresh decision, in accordance with law and with notice to the petitioners and respondents 3 and 4, dealing with their contentions and pass a speaking order adverting to the rival contentions. WP(C) NO. 28650 OF 2019 4 2025:KER:25762 4. It is made clear that the fresh decision has to be taken untrammeled by anything stated in Ext.P12. All the contentions of the parties are left open. The fresh decision, as directed above, shall be taken within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P. JUDGE MC/26.3 WP(C) NO. 28650 OF 2019 5 2025:KER:25762 APPENDIX OF WP(C) 28650/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ANNUAL LIST OF MANAGING BODY OF PETITIONER SOCIETY (REGISTERED NO.230 OF 2012) FOR THE YEAR 2018-19 SUBMITTED BEFORE SECOND RESPONDENT BY PETITIONER. EXHIBIT P2 TRUE COPY OF THE LIST SUBMITTED BY 3RD RESPONDENT BEFORE SECOND RESPONDENT. EXHIBIT P3 TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE SECOND RESPONDENT DATED 12/09/2018 IN RESPECT OF SOCIETY REGISTERED AS REGISTERED NO.230 OF 2012 ON THE REGISTER OF THE SECOND RESPONDENT. EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 28/09/2018 IN W.P(C) NO.31753 OF 2018 PASSED BY HONOURABLE HIGH COURT OF KERALA. EXHIBIT P5 TRUE COPY OF ORDER NO.G3-4525/2018 DATED 30/11/2018 PASSED BY SECOND RESPONDENT. EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 08/04/2019 IN W.P (C) NO.1053 OF 2019 PASSED BY HONOURABLE HIGH COURT OF KERALA. EXHIBIT P7 A TRUE COPY OF THE PAGE NUMBERS 109 AND 110 OF THE MINUTES BOOK OF THIRD PETITIONER COMMITTEE IN RESPECT OF ANNUAL GENERAL BODY MEETING HELD ON 10/3/2019. EXHIBIT P8 TRUE COPY OF THE LIST OF NEW COMMITTEE MEMBERS SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT FOR THE PERIOD 2019- 2020. EXHIBIT P9 TRUE COPY OF PROCEEDINGS NO.G3-4525/2018 DATED 14/03/2019 ISSUED BY SECOND WP(C) NO. 28650 OF 2019 6 2025:KER:25762 RESPONDENT. EXHIBIT P10 TRUE COPY OF THE LIST STATED TO BE SUBMITTED BY THE 3RD RESPONDENT TO 2ND RESPONDENT FOR THE PERIOD 2019-20. EXHIBIT P11 TRUE COPY OF JUDGMENT DATED 25/07/2019 IN W.P.(C) NO.16632 OF 2019 PASSED BY HONOURABLE HIGH COURT OF KERALA. EXHIBIT P12 TRUE COPY OF ORDER NO.GE.4525/2018 DATED 04/10/2019 PASSED BY SECOND RESPONDENT.