PROF M. K. SANOO Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a retired Professor, Writer and Critic, who has authored large number of literary works, has filed this writ petition. The petitioner is a social worker and is a member of the Aruvippuram Sree Narayana Dharma Paripalana Yogam. The petitioner seeks the following reliefs:-

(2.) The petitioner states that the 3rd respondentAruvippuram Sree Narayana Dharma Paripalana Yogam (hereinafter referred to as the 'Yogam') was registered under the Travancore Regulation No.1 of 1063 as an Association. The Kerala Non-trading Companies Act, 1961 came into effect from 01.03.1962 and the Yogam being an existing company came under the ambit of the Act, 1961. The Yogam is also deemed to be a company registered under the Companies Act, 1956 in view of Sections 3 to 5 of the Act, 1961. Consequent to the repeal of the Companies Act, 1956 and enactment of the Companies Act, 2013, the Act, 2013 would apply to the Yogam, as held by this Court in the judgment in K. Manoj @ Manoj Kadakampally and others v. Sree Narayana Dharma Paripalana Yogam and others,2020 5 KerLT 266. The competent authority under the Kerala Non-trading Companies Act, 1961 is the 2nd respondent-Inspector General of Registration.

(3.) The complaint of the petitioner is that the Yogam did not file annual returns from 2006 onwards. The 1st respondent-State of Kerala appointed an officer to adjudicate the matter as per Ext.P2. However, no effective steps were taken by the adjudicator. Ext.P3 information would show that annual returns have not been filed by the Yogam till that date.