IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943 WP(C) NO. 11596 OF 2020 PETITIONER:

WILLINGDON ENCLAVE OWNERS ASSOCIATION WILLINGDON ENCLAVE, PANDIT KURUPPAN ROAD, THEVARA FERRY, ERNAKULAM-682 013, REPRESENTED BY ITS SECRETARY SHRI.M.S.NAIR, S/O.LATE GOPALA PILLAI, B-1A, WILLINGTON ENCLACE, THEVARA. BY ADVS.

SMT.K.LATHA SMT.M.UMA DEVI RESPONDENTS:

1 THE DISTRICT REGISTRAR (GENERAL)

ERNAKULAM-682 011.

2 TISSAN.J.THACHANKERY, PRESIDENT, WILLINGDON ENCLAVE OWNERS ASSOCIATION, WILLINGDON ENCLAVE, PANDIT KARUPPAN ROAD, THEVARA FERRY, ERNAKULAM-682 013.

BY ADVS.

SMT.DEEPA NARAYANAN, SR.G.P.

SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This writ petition is filed with following prayers:

“(i) issue a writ of certiorari or any other order or direction calling for the records leading to Exhibit P-7 order and quash the same.

(ii) issue a writ of Mandamus or appropriate writ, order or direction declaring that the first respondent has no jurisdiction to consider any objection with respect to the legality or illegality of the resolution if any, adopted by the petitioner society, which is submitted under Section 22 of the Act;

And (iii)Pass such other orders as this Hon'ble Court deems, fit, proper and necessary in the circumstances of the case.”

2. The petitioner is an Apartment Owners Association registered under Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1965. According to the petitioner, as per Ext.P1 bye-law all the present owners of the apartments are the members of the association and members are entitled to vote in the meeting of the association either personally or through duly nominated proxies. According to the petitioner, non- resident owners give proxies to one or two persons to participate in a meeting on their behalf and they constitute more than the members who are physically present in the meeting. Hence, it is the case of the petitioner that a proposal was submitted by a few members in accordance with the provisions of the bye-law to amend the bye-law limiting the number of the proxies, who can represent a person in a particular meeting. It is the specific case of the petitioner that joint executive committee, which considered the proposal unanimously decided to place the proposal in the Extraordinary General Meeting vide Ext.P3. It is also stated in the writ petition that Extraordinary General Meeting of the General Association was held on 13.02.2020 and the meeting passed the proposed amendment with majority of votes vide Ext.P5 minutes of the meeting. Later, the petitioner association produced the amendment before the 1^st respondent under Section 22 of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1965. Ext.P7 is a letter sent by the 1^st respondent to the 2^nd respondent. That letter was issued based on a complaint from the 2^nd respondent and others. Aggrieved by the same, this writ petition is filed.

3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for

2^nd respondent.

4. The counsel for the petitioner reiterated the contentions in the writ petition and the also submitted that Ext.P7 proceedings is issued by the 1^st respondent without giving an opportunity of hearing to the petitioner. The counsel also raised the question of jurisdiction of the 1^st respondent to pass such an order. The Government Pleader submitted that Ext.P7 is a letter issued by the 1^st respondent to the 2^nd respondent. The Government Pleader also submitted that the amended bye-law is not produced by the petitioner. The Government Pleader submitted that the petitioner cannot challenge the same before this Court by filing writ petition. The counsel for the 2^nd respondent submitted that they are not aggrieved by E