M.M.JOSEPH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) PETITIONERS submit that they are members of the additional 5th respondent, a Club, which is a Society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955. Ext.P1 is the Registration Certificate and Ext.P2 is the Bye laws of the Clubs. According to the petitioner, Ext.P3 extract from the list of members of the Club proves their membership in the Club.

(2.) IT appears that there are two groups in the Club and the petitioners and the fourth respondent belong to rival groups. Suffice it to say that the rivalry and the consequent threat of breach of peace reached the first respondent and in exercise of his power under Section 144 of the Cr.P.C, Ext.P5 order dated 08.08.2012 was issued. In that order, the first respondent directed that the Annual General Body Meeting of the Clubs will be convened under the supervision of the third respondent and that the general committee, executive committee and office bearers should be elected. It was also directed that the Committee thus elected shall conduct the Rajiv Gandhi Trophy Boat Race with the approval of the third respondent. It is also stated that this order and the further action thereon shall be subject to the outcome of the proceedings which are pending in the Civil Court.

(3.) THE Club filed Writ Appeal No.1687 of 2012 against Ext.R1(a) order and by Ext.R1(b) judgment, the writ appeal was dismissed, clarifying that the interest of the appellant Club has been safeguarded in Ext.R1(a) order.