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Parinayam Devakumar @ Devakumar R.T

High Court Of Kerala|04 November, 2014
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JUDGMENT / ORDER

Shaffique, J. 3rd respondent in the writ petition has filed this appeal against the judgment of the learned Single Judge in W.P(C) No. 18421/2014. The writ petition was filed by respondents 1 and 2 claiming to be the office bearers of a registered organisation, challenging Exts. P3 and P6 orders passed by the Lok Ayukta inter alia contending that Lok Ayukta had no jurisdiction to entertain the complaint filed by the appellant. That apart, by Ext. P3, the Lok Ayukta permitted the complainant to submit their documents before the District Registrar. Thereafter, by Ext. P6 order, the parties were relegated to the civil court. It was the contention of the petitioners that the Lok Ayukta had no jurisdiction in the matter.
2. The learned Single Judge approved the said stand and allowed the writ petition quashing Exts. P3 and P6 orders.
3. While impugning the aforesaid judgment, learned counsel for the appellant submits that the Lok Ayukta had not adjudicated any issue between the parties. Ext. P3 only permitted him to submit the documents as he was the office bearer of the society and Ext. P6 does not indicate that an adjudication has been made on merits of the matter and the parties were only directed to approach the civil court for resolving their disputes.
4. Heard the leaned counsel for the appellant and the learned counsel for respondents 1 and 2.
5. There is dispute between the parties regarding the right to manage the society, which apparently, has to be decided by a civil court. The District Registrar has received documents submitted by the petitioner based on the interim direction at Ext. P3. Counsel for appellant submits that respondents 1 and 2/writ petitioners have no authority to represent the society as General Secretary. This fact is disputed by the counsel for the writ petitioners.
6. Having regard to the aforesaid submissions, we do not think that the learned Single Judge has committed any error while quashing Exts. P3 and P6.
However, we make it clear that filing of the writ petition by the respondents 1 and 2, nor the contentions urged by the parties will have no bearing on a proper adjudication to be made by the civil court in respect of the affairs of the society.
With the above observation, the appeal is dismissed.
Sd/-
Ashok Bhushan, Ag. Chief Justice Tds/ Sd/-
A.M. Shaffique, Judge.
(True copy) P.S to Judge.
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Title

Parinayam Devakumar @ Devakumar R.T

Court

High Court Of Kerala

JudgmentDate
04 November, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • P B Sahasranaman