J.C. DANIEL FOUNDATION Vs. STATE OF KERALA

JUDGEMENT

(1.) The allegation of the petitioners is that respondents 7 and 10 have been allowed to be registered by the District Registrar, Kottayam and Thiruvananthapuram respectively, in the same name of the first among them, even though they obtained such registration much earlier. They allege that the attempt of respondents 7 and 10 is to pass over as the first petitioner; and that, therefore, their registrations are now liable to be cancelled.

(2.) In response to the afore submissions of Sri.R.S.Kalkura - learned counsel for the petitioners, Smt.Vidya Kuriakose - learned Government Pleader, submitted that, when societies apply to be registered under the provisions of the TravancoreCochin Literary, Scientific and Charitable Societies Registration Act (for short 'TC Act'), the District Registrars can only verify the bye-laws and the purposes of registration and then grant it, if there are no other legal impediments. She submitted that the District Registrars, obviously, were not aware that the first petitioner had already been registered; and therefore, that they cannot now do anything, and it is for the petitioners to approach the fourth respondent - Inspector General of Registration appropriately, who can then take necessary action under the statutory scheme, though he also will not be able to cancel registrations, which relief can be obtained only under the orders of competent Civil Courts.

(3.) I notice from the file that, even though service of summons from this Court have been validly served on respondents 7 to 12, they have chosen not to be present in person, or to be represented through counsel; thus constraining me to dispose of this writ petition in their absence.