MADHU MANIMALA vs STATE OF KERALA - 2021 Supreme(Online)(KER) 33087

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2021 Supreme(Online)(KER) 33087

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943 WP(C) NO. 24108 OF 2021 PETITIONERS:
1 MADHU MANIMALA AGED 58 YEARS S/O RAMAN NAIR K.P, CHIEF COORDINATOR , M/S AKHILA BHARATHA AYYAPPA SEVA SANGAHAM SAMRAKSHANA SAMITHI, RESIDING AT THATHWAMASI,KARUKACHAL, KOTTAYAM-686 540.
2 ANIL S NAIR, S/O BALAKRISHNAN NAIR, CHAIRMAN, M/S AKHILA BHARATHA AYYAPPA SEVA SANGHAM SAMRAKSHANA SAMITHI, RESIDING AT SAYOOJYAM, POOMALA, MAVADI RAOD, MANICHIRA, SULTHAN BATHERY WAYANAD DISTRICT-673 592. 3 PRASAD K.R, S/O RAGHAVAN NAIR, GENERAL CONVENER, M/S AKHILA BHARATHA AYYAPPA SEVA SANGHAM SAMRAKSHANA SAMITHI RESIDING AT KUZHIKKALAYIL MANDIRAM P.O.RANNI, PATHANAMTHITTA-689 672.
4 BALAN C.K, S/O KESAVAN NAIR, MEMBER, MS AKHILA BHARATHA AYYAPPA SEVA SANGHAM SAMRAKSHANA SAMITHI, RESIDING AT KESAVAVILASAM, PZHAVANGADI, CHELLAKKAD, PATHANAMTHITTA-689 677 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 SUB REGISTRAR SUB REGISTRAR OFFICE, NEAR KILLIPPALAM BRIDGE, KARAMANA P.O.CHALAI, THIRUVANANTHAPURAM DISTICT-695 002.
3 M/S AKHILA BHARATHA AYYAPPA SEVA SANGHAM, PB NO 5146,FORT PO. THIRUVANANTHAPURAM-695
023,M REPRESENTED BY ITS GENERAL SECRETARY(IN-
CHARGE) SRI. N.VELAYUDHAN NAIR
4 PRESIDENT-IN-CHARGE, M/S AKHILA BHARATHA AYYAPPA SEVA SANGHAM, P.B NO 5146, FORT P.O.THIRUVANANTHAPURAM-695 023
5 TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 003, REPRESENTED BY ITS SECRETARY
6 THE DIRECTOR VIGILANCE AND ANTI-CORRUPTION BUREAU, POLICE HEAD QUARTERS, VAZHUTHACAUD P.O.THIRUVANANTHAPURAM-695 014.
7 THE VIGILANCE OFFICER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM, PIN-
695 003.
BY ADV SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD SRI S .RAJMOHAN- SR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Advocates:
['G HARIHARAN', '', 'PRAVEEN H', 'K S SMITHA', 'V R SANJEEV KUMAR', 'SHRI G BIJU', 'SC', 'TRAVANCORE DEVASWOM BOARD']

JUDGMENT

Anil K. Narendran, J.

The petitioners, who are stated to be the office bearers of M/s.Akhila Bharatha Ayyappa Seva Sangham, which is admittedly an unregistered organisation, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the Vigilance Wing of Travancore Devaswom Board or any other appropriate authority to be decided by this Court to conduct enquiry into the details of funds collected by the 3rd respondent Sangham at Pampa and at Sabarimala Sannidhanam during the Mandalam Makaravilakku season and to file a report before this Court; a writ of mandamus commanding the 6th respondent to conduct an enquiry relating to the amassing of wealth by the office bearers of the 3rd respondent Sangham including the 3rd and 4th respondents for the last ten years or more; and a writ of mandamus commanding the 3rd respondent to deposit the entire income derived at Sabarimala Sannidhanam and at Pampa during the Mandalam Makaravilakku Festival season in the branches of any scheduled bank having their office at Sannidhanam and Pampa. The petitioners have also sought for a writ of mandamus commanding the Special Officer appointed by this Court to supervise about the disbursement of funds collected by the 3rd respondent at Sannidhanam and at Pampa during Mandalam Makaravilakku Festival Season.

2. On 03.11.2021, when this writ petition came up for admission, on the question of maintainability of the writ petition, the learned Senior Government Pleader pointed out the provisions under Section 25 of Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. After arguing for some time, the learned counsel for the petitioners sought an adjournment.

3. Today, when the case is taken up for consideration, the learned counsel for the petitioners seeks permission to withdraw this writ petition, without prejudice to the right of the petitioners to invoke the provisions under Section 25 of Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, for redressal of their grievances.

Based on the aforesaid submissions made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn; without prejudice to the aforesaid right of the petitioners.

ANIL K. NARENDRAN JUDGE

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