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MANOJ.N v. STATE OF KERALA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 28TH DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, 1945
WP(C) NO. 34436 OF 2023
PETITIONER:
MANOJ.N
AGED 56 YEARS, S/O.NARAYANAN NAIR, PROPRIETOR, RASIKA SREE MOVIES, 24/920, THYKKADU.P.O., THIRUVANANTHAPURAM - 695104
BY ADVS.
ZAKEER HUSSAIN
K.A.SANJEETHA
MOHAMMED ZAMAN
RESPONDENTS:
1 STATE OF KERALA
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
REP. BY THE CHIEF SECRETARY.
2 GOVERNMENT SECRETARY
TAXES (J) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001
3 INSPECTOR GENERAL OF REGISTRATION
KERALA, EX-MAYOR R BALAKRISHNAN NAIR RD,
NEAR DISTRICT COURT, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695035
4 THE DISTRICT REGISTRAR (GENERAL)
2ND FLOOR, CC 40/1017, PERUMBILLY BUILDINGS,
OPP. MAHARAJAS COLLEGE GROUND, HEAD POST
OFFICE.P.O., ERNAKULAM, PIN - 682011
5 FILM DISTRIBUTORS ASSOCIATION (KERALA)
REG. NO.ERN 480/87, C.C.NO.36/1511, CHITTOOR ROAD, ERNAKULAM, PIN - 682018
REPRESENTED BY ITS GENERAL SECRETARY.
6 A.A.SIYAD KOKKER
AGED ABOUT 70 YEARS, FATHER'S NAME NOT KNOWN TO
THE PETITIONER, FILM DISTRIBUTORS ASSOCIATION
(KERALA), REG. NO.ERN 480/87, C.C.NO.36/1511, CHITTOOR ROAD, ERNAKULAM, PIN - 682018
7 M.M.HAMZA
AGED 67 YEARS, S/O.MOHAMMED,
FILM DISTRIBUTORS ASSOCIATION (KERALA),
REG. NO.ERN 480/87, C.C.NO.36/1511,
1
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CHITTOOR ROAD, ERNAKULAM, PIN - 682018
8 T.SUBRAMANIAN
AGED 72 YEARS, FATHER'S NAME NOT KNOWN
TO THE PETITIONER, GENERAL SECRETARY, FILM
DISTRIBUTORS ASSOCIATION(KERALA), REG.
NO. ERN 480/87, C.C NO.36/1511, CHITTOOR ROAD, ERNAKULAM DISTRICT, PIN - 682018
9 LISTIN STEPHEN
AGED 37 YEARS, FATHER'S NAME NOT KNOWN TO
THE PETITIONER, PRESIDENT, FILM DISTRIBUTORS
ASSOCIATION(KERALA), REG. NO. ERN 480/87, C.C NO.36/1511, CHITTOOR ROAD, ERNAKULAM DISTRICT, PIN - 682018
BY ADVS.
SRI.T.KRISHNANUNNI
SRI.PRADEESH CHACKO
SRI.SUNIL KUMAR KURIAKOSE - GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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DEVAN RAMACHANDRAN, J.
========================= W.P.(C).No. 34436 of 2023 ========================== Dated this the 28th day of November, 2023
JUDGMENT
The petitioner, who is stated to be a distributor of cinematograph films, under the name "M/s.Rasikasree Movies", impels a singular plea that competent Secretary of Government of Kerala be directed to advert to Ext.P7 report and recommendations, made by the District Registrar General, Ernakulam, and initiate appropriate action under Section 25 (1)
(a) of the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955 (the 'Act', for short).
2. Smt.K.A.Sanjeetha - learned counsel for the petitioner, pointed out that, obligation of the Government to act as per Ext.P7 is undeniable from the Statutory Scheme, particularly because Ext.P6 report that has been settled by it through the Joint Secretary, (Taxes). She argued that, therefore, refusal of the Government of Kerala to now act upon Ext.P7 is not merely illegal but mala fide. She, therefore, prayed that said Authority be directed to initiate immediate action on Ext.P7 and complete it without any avoidable delay.
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3. Sri.T.Krishnanunni, learned Senior Counsel, instructed by Sri.Pradeesh Chacko - appearing for respondents 5 to 9, submitted that Ext.P7 cannot be construed to be inviolable, because his clients have already filed objections against the same. The learned Senior Counsel submitted that, therefore, if any action is to be taken by the Government, they will have to hear his clients also.
4. Sri.Sunil Kumar Kuraikose - learned Government Pleader, in response, conceded that Government has not yet taken any decision on Ext.P7, either under Section 25 of the 'Act' or under any other applicable provisions. He submitted that, therefore, if this Court is so inclined, its competent Authority will take up the said report, adverting to Ext.P6 order and take a final decision thereon.
5. I have no doubt that afore suggestion of the learned Government Pleader is the best available to both sides in the given circumstances.
In the afore circumstances, recording the afore submissions of the learned Government Pleader, I allow this writ petition and direct the competent Secretary of Government to take up Ext.P7 and advert to Ext.P6; thus culminating in an
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appropriate order and necessary action thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment, after following due procedure.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
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