JUDGMENT

Dated this the 17th day of August, 2022 The petitioner is a Society registered under the provisions of the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, 1955. The operational area of the petitioner Society is confined to ward Nos.1, 2 and 21 of Mundakkayam Grama Panchayath and Ward No.12 of Koottickal Grama Panchayath. The Society was formed by the residents of the aforementioned wards with the objective of finding a solution to the problem of water scarcity in the area. In order to achieve this objective, the Society established a drinking water project by name ‘Velanilam Kudivella Padhathi’,which has been supplying water to more than 800 families. The project is functioning with the financial assistance from MP Fund, MLA Fund and funds from other public authorities. Sometime back, the 5th respondent's son made certain derogatory comments about the Society and its ofÏce bearers through social media. As the 5th respondent and her son refused to withdraw the comments, the petitioner Society stopped supply of water to the residence of the 5th respondent. Aggrieved, the 5th respondent filed Ext.P6 complaint before the District Collector, who, in turn, passed Ext.P8 order, directing the 3rd respondent Panchayath to ensure that the water supply to the 5th respondent’s residence is resumed forthwith.

2. Learned Counsel for the petitioner contended that the petitioner is a private Society, rendering service to the public. The activities of the Society is governed by Ext.P3, its registered by-laws. The District Collector or his subordinate ofÏcers have no authority to interfere in the internal affairs of the Society. Learned Counsel also submitted that water supply to the 5th respondent’s residence has been restored and the Society has no intention of disconnecting the supply now. The Society’s grievance is only regarding illegal interference in its affairs by the District Collector and the Panchayath.

Reference is made to the by-laws and the provisions of the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act to contend that, administration and activities of Societies like the petitioner are governed by the Act, Rules and by- laws. It is also submitted that, in the statement filed by the 1st respondent, the above contention is not seen refuted.

3. Learned Government Pleader and learned Standing Counsel for the Panchayath submitted that the intervention was required due to the sudden disconnection of water supply to the 5th respondent’s residence. Being a legitimate grievance, the Collector had directed the Panchayath to ensure restoration of water supply.

4. Having heard the learned Counsel for the parties, I find substantial merit in the contention of the petitioner that the functioning of the Societies registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act are governed by the provisions of the Act and the registered by-laws. There cannot be any intervention into the internal affairs of such Societies, either by the District Collector or the Panchayath. If there is any allegation regarding the functioning of a Society, action can be taken in accordance with the provisions of the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act.

Based on the above findings, the writ petition is disposed of as under;

Exts.P8 and P9 are quashed. The submission made on behalf of the petitioner that, water supply to the 5th respondent’s residence has been restored and the Society does not intend to disconnect the water supply is recorded. The 1st and 3rd respondents shall not interfere with the affairs of the petitioner Society, otherwise than in accordance with law.

Sd/-

V.G. ARUN.

JUDGE NB/17-8 APPENDIX OF WP(C) 9868/2022 PETITIONER’S EXHIBITS EXHIBIT P1 THE COPY OF THE CERTIFICATE OF REGISTRATION WITH REG.NO.K 205/2005 ISSUED IN FAVOUR OF THE REGISTRAR UNDER THE TRAVANCORE COCHIN SOCIETIES REGISTRATION ACT, 195