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Muthukoya Sayd Aboobacker Thangal @ P.M.S Thangal

High Court Of Kerala|23 June, 2014
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JUDGMENT / ORDER

Petitioner has approached this Court seeking for a direction to the first respondent to dispose of Ext.P5 representation. According to the petitioner, the name given to the society registered under the Societies Registration Act is without permission from the petitioner and that signatures of certain persons had been forged while registering society. Though the learned counsel for the petitioner submits that the Registrar has implied power to cancel the registration, I do not think so. In the absence of any specific provision which enable the District Registrar to cancel registration of a society, I do not think that it will be possible for the Registrar to adjudicate on the issues raised in the present writ petition and come to a definite finding. Remedy available to the petitioner is only to challenge the registration by approaching the civil court in accordance with the procedure prescribed. Though the learned counsel for the petitioner relied upon the Division Bench judgment of this Court W.P.C.No.5673 OF 2014 2 in C.M.Z. Musliar v. Aboobacker [1998(1)KLT 136] with reference to Section 4 of the Societies Registration Act, 1860, I do not think that the facts involved in the said case has any relationship with the facts now put forward in the present writ petition. In the result, since the District Registrar has no power to adjudicate on Ext.P5 complaint, there is no point in directing the said authority to consider the same.
The writ petition is hence dismissed.
Sd/- A.M.SHAFFIQUE, JUDGE sd // TRUE COPY // P.A. TO JUDGE
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Title

Muthukoya Sayd Aboobacker Thangal @ P.M.S Thangal

Court

High Court Of Kerala

JudgmentDate
23 June, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • R Ramadas