ANAND JOSEPH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Based on the averments contained in the writ petition, the pivotal question that arises for consideration is whether a writ petition under Article 226 of the Constitution of India is maintainable against the Ernakulam District Rifle Association and further that a writ of mandamus could be issued to the District Collector who is an ex officio president of the 3rd respondent association.

(2.) Before appreciating the averments in the writ petition, its apposite to extract the reliefs sought for in the writ petition.

(3.) Grievance of the writ petitioner is with regard to the functioning of the 3rd respondent, Ernakulam District Rifle Association, which is a society registered under the provisions of Travancore Cochin Literary, Scientific and Charitable Societies Act, 1955. The petitioner contends that there are serious irregularities in the functioning of the 3rd respondent Association. Essentially the grievance is about lack of shortage of pistols for shooting, proper shooting range etc. which the petitioner has voiced under Exhibit P5. The petitioner further submits that under Exhibit P6 he is required to pay the requisite fee, if he wants to purchase pistols through the Association. According to the petitioner, the said condition is in violence to the provisions under Rule 37(3) and (4) of the Arms Rules, 2016. Since the illegalities were perpetuated by the 3rd respondent, the petitioner seems to have approached the 1st respondent with a representation to look into the alleged illegalities being committed by the 3rd respondent. It is further contented that the petitioner's name has been forged in the memorandum of association (Exhibit P15) and the same is submitted for registration. It is stated further that the arms that are purchased by the Association are now stored at the residence of the secretary of the Association which is again a blatant violation of the Arms Rules. Therefore, essentially the grievance in the writ petition is with regard to certain irregularities in the manner of functioning of the 3rd respondent Association. Hence, the petitioner is seeking a writ of mandamus requesting the 1st respondent, District Collector, to look into Ext.P14 representation and further the 4th respondent be directed to look into Ext.P16 and initiate appropriate action in this regard.