M.S.NAIR Vs. DIST. REGISTRAR

JUDGEMENT

(1.) The petitioners in these two writ petitions are stated to be members of an Association of residents of an Apartment Complex by name 'Willingdon Enclave', which they say has been registered under the provisions of the Travancore - Cochin Literary, Scientific and Charitable Societies Registration Act,1955 ('Act' for short).

(2.) Both the writ petitioners assail the order of the District Registrar (General), Ernakulam, refusing to record certain amendments - which they assert have been carried by the General Body of the Association validly - citing reasons that are beyond the statutory scheme and hence untenable and illegal. They thus pray that Ext.P7 in W.P(C)No.41273/2023 - which is the same as Ext.P9 in W.P(C)No.43177/2023 - be set aside; and the District Registrar be directed to record the amendments, certified to be true and produced before him by the members of the Governing Council of the Society, in terms of Sec. 22 of the 'Act'; and to record the same, as is mandatorily required.

(3.) Smt.M.Uma Devi - learned counsel for the petitioners, argued that, even an ex facie glance through Sec. 22 of the 'Act' would render it luculent that, all which is necessary under it, is for the Society to produce the amendments to its Memorandum, or to its Rules and Regulations, along with a certificate of it being a true copy, by at least three members of its Governing Body, before the District Registrar, which shall then be accepted by the said Authority, without any further enquiry. She argued that, however, contrary to this, what has been done by the said Authority in this case, is to enter into an untenable investigation into the manner in which the Resolutions were passed by the General Body; to then hold that its meeting do not satisfy the necessary credentials; that the same were not properly adopted by the General Body; thus to issue the impugned order, with a solicitous advice to all the parties that they conduct a proper General Body meeting and adopt the amendments in terms of the Bye-Laws.