ORDER

The present writ petition has been filed seeking a writ of mandamus directing the respondents 1 and 2 to take necessary action on the petitioner's representation dated 23.07.2014.

2.According to the petitioner, one Hajee Karutha Rowther @

Mohammed Meera had established a College in the name and style of ' The Hajee Karutha Rowther Howdia College' in the year 1956. The said College is an aided minority Institution. According to the petitioner, during the life time of the said Hajee Karutha Rowther, a society was formed for proper administration of the College in the year 1956. The bye-laws were amended in the year 1964. The bye-laws were again amended on 02.12.1994. According to the petitioner, the founder namely Hajee Karutha Rowther had six sons namely Gulam Mohideen, Jamal Mohideen, Sheik Mohideen, Kaja Mohideen, Sultan Mohideen and Darvesh Mohideen. As per the amended bye-laws, each male member from each one of the sons family should be a member of the society. In other words, there will be six members of the society for their life time. Another seven members have to be coopted by the members of the Committee for a period of three years.

3. According to the petitioner, the second son of Hajee Karutha Rowther is one Jamal Mohideen, had three sons namely Nathar Meeran, Hussain Meeran and Mohammed Meeran. The eldest son of Jamal Mohideen namely Nathar Meeran was representing Jamal Mohideen branch as a life member of the society. After his death, his younger brother Hussain Meeran ( father of the writ petitioner) was a member of the Society. The petitioner's father was the member of the society from 2001 to 2011. On his death, the petitioner should have been made as a member of the society. However, they have selected one Rizwan Ashraf who is the son of Mohammed Meeran (who is the younger brother of the petitioner's father).

4.According to the petitioner, the eldest male member of the branch should have been made as a member of the society. In the present case, the petitioner is elder to Rizwan Ashraf who has been made as a member of the society. Hence, the membership of Rizwan Ashraf was not in accordance with bye-laws. According to the petitioner, from among the members of the society, the office bearers are being selected. The term of the office bearer is three years as contemplated under the Societies Registration Act. However the said Rizwan Ashraf is continuing to be a member of the committee from the year 2011 onwards. Hence, the continuation of Rizwan Ashraf is clearly in violation of the Societies Registration Act. Hence, the petitioner has sent a representation on 23.07.2014 to the respondents 1 and 2 to conduct an enquiry relating to the malpractices committed by the College committee. He has also made some serious allegations relating to the administration of the College by the said Committee. His further allegation in the representation is that the elections have not been conducted every three years. It has further been alleged that the statutory reports have not been filed before the authorities concerned. The institution being 100% aided institution, the member of the society cannot contend that it is an internal dispute and they cannot be subjected to supervision or regulation of the Act. Hence, the petitioner has prayed for a direction to the respondents 1 and 2 to conduct an enquiry into the affairs of seventh respondent College and pass orders.

5.Per contra, the learned counsel appearing for the seventh respondent had contended that there is no provision in the bye-laws to admit the eldest male member of the family. Only one of the sons could represent each branch. In the present case, the said Rizwan Ashraf is also representing Jamal Mohideen branch. The petitioner also belongs to the same branch. Both of them cannot be accommodated at the same time in view of the bye-laws. Between 2001 to 2011, the petitioner's father was representing the Jamal Mohideen branch. After his death, in order to accommodate oth