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Madras High CourtWP/3231/2022disposed of

G.Anandharaj v. Thedistrict Registrar,

2022-07-14Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.3231 of 2022 Anandaraj

...Petitioner

vs.

1. The District Registrar (Society) Kuralagam Building -1st Floor, Chennai - 600 108.

2. V.G. Jeyakumar (President), CMDA Truck Terminal Complex Welfare Association, Regd. No.440/2000, No.1, Amenity Building, G.N.T. Road, Chennai - 600 110.

3. V.G. Jeyakumar (President), Madhavaram Truck Terminal Complex Welfare Association, D41, CMDA, Truck Terminal Complex, Madhavaram, Chennai - 600 110.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direct the 1st respondent to cancel the "CMDA Truck Terminal Complex Welfare Association" with a regn. 1/4

No.440/2000 and Madhavaram Truck Terminal Welfare Association registered No.383/2014 and criminal legal action (both office bearers are same) to recover the rental amount cheated to the tune of Rs.432,000/-. For petitioner : Mr. K.Gajendiran For respondents : Mr. K.H. Ravikumar Government Advocate for R1

ORDER

This writ petition has been filed seeking to recover a rental amount of Rs.4,32,000/- which has not been paid by the second respondent Association to the C.M.D.A.. The C.M.D.A. is not a party respondent in this writ petition. There are several disputed questions of fact involved and the petitioner has also in his affidavit not stated as to how this writ petition is maintainable when the grievance of the petitioner is only against the second respondent Association which is registered under the Societies Registration Act. After pointing out the same to the learned counsel for the petitioner, the learned counsel for petitioner now seeks liberty to file a Civil suit against the second respondent in respect of the relief sought for in this writ petition.

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2. Accordingly, after recording the statement made by the learned counsel for the petitioner, this writ petition is disposed of by granting liberty to the petitioner to seek the relief that has been sought for in this writ petition against the second respondent by filing a civil suit. No costs.

14.07.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 To The District Registrar (Society) Kuralagam Building -1st Floor, Chennai - 600 108.

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ABDUL QUDDHOSE, J.

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