Wp(C)/8746/2010 Of Remesh Kumar A.m v. The All Kerala Income Tax & Sales Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8746 of 2010(P) ------------------------- PETITIONER(S): --------------- 1. SHRI.REMESH KUMAR A.M., ATTUPURATH HOUSE, AMBALLOOR P.O KANJIRAMATTOM - 682 315, ERNAKULAM DISTRICT. 2. SHRI.BALAKRISHNAN P.A., PUZHAMANGALATHU HOUSE, KOVILVATTOM ROAD, COCHIN - 682 035, ERNAKULAM DISTRICT. BY ADV. SRI.TOMSON T.EMMANUEL RESPONDENT(S): --------------- 1. ALL KERALA INCOME TAX & SALES PRACTITIONERS' ASSOCIATON, DEVI NIVAS, VARGHESE THITTAYIL ROAD, PERUMANOOR, COCHIN - 682 015, ERNAKULAM DISTRICT, REPRESENTED BY ITS STATE GENERAL SECRETARY. 2. SHRI.R.RAMAKRISHNAN POTTI, TAX PRACTITIONER, 29/1348, C-4, IIND FLOOR, MATHEWSONS GATEWAY, VYTTILA, KOCHI - 682 019. 3. SHRI.K.MANIRATHAN, TAX PRACTITIONER, SONY SHOPPING COMPLEX, PINANGODE ROAD, KALPETTA, WAYANAD DISTRICT - 673 121. 4. THE ADDITIONAL DISTRICT MAGISTRATE, OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, COCHIN - 682 030, ERNAKULAM DISTRICT. 5. THE DISTRICT MAGISTRATE (GENERAL) & THE REGISTRAR OF SOCIETIES, ERNAKULAM, COCHIN - 682 011. 6. THE BRANCH MANAGER, PUNJAB NATIONAL BANK, RAVIPURAM, M.G.ROAD, ERNAKULAM. 7. THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, KALPETTA BRANCH, WAYANAD DISTRICT. 8. THE CHIEF EDITOR, KERALA TAX MESSENGER, 'DEVI NIVAS', VARGHESE THITTAYIL ROAD, PERUMANOOR, COCHIN - 682 015. GOVERNMENT PLEADER SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.8746 OF 2010 ----------------------------------------------------- DATED THIS THE 16[th] DAY OF MARCH, 2010 J U D G M E N T The matter raised in this Writ Petition is an internal disputein the first respondent-Association. Going by the averments inthe Writ Petition it is revealed that a meeting of the State Councilis scheduled to be held on 20.3.2010. One of the prayers in theWrit Petition is to declare the election of the office bearers as nulland void. What is raised in the Writ Petition is purely a civildispute and a Writ Petition under Article 226 of the Constitutionof India is not maintainable. The remedy of the petitioner is onlyto approach the civil court, as there is no power for adjudicationof any such dispute to the District Registrar also under theTravancore – Cochin Literary, Scientific and Charitable SocietiesRegistration Act, 1955. Therefore the Writ Petition is dismissedleaving open the remedy of the petitioner to file a civil suit. T.R.RAMACHANDRAN NAIR,JUDGE