← Library
Madras High CourtWP/1308/2023disposed of

P.Prakash v. The District Collector

2026-03-23Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY P.Prakash S/o. Periyasamy 64H / 14h Ground Floor MVK Nagar Perambalur 621 212 Petitioner(s) Vs

1. The District Collector Ariyalur District 2.The Inspector General of Registration Inspector General office, No. 100 Santhome High Road chennai 600 028 3.The District Registrar District Reigstrar office, Perambalur / Ariyalur 4.The Perambalur District Chemistry and Druggist Association Rep by its president Mr. K.A. Sowgathali, No. 70E / 6 Nirmala Nagar Perambalur post and Taluk and District 5.K.A. Sowgathali The President The Peambalur District Chemistry, and Druggist Association Rep by its president Mr. K.A.

Sowgathali, No. 70E / 6 Nirmala Nagar Perambalur post and Taluk and District 6.R. Govindaraj The Secretary, The Peambalur District Chemistry, and Druggist Association

Rep by its president Mr. K.A.

Sowgathali, No. 70E / 6 Nirmala Nagar Perambalur post and Taluk and District 7.M. Varadharaj The Treasurer The Peambalur District Chemistry, and Druggist Association Rep by its president Mr. K.A.

Sowgathali, No. 70E / 6 Nirmala Nagar Perambalur post and Taluk and District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, Directing the respondents 2nd and 3rd to consider the petitioners representation dated 12.12.2022 and conduct enquriy as per 36 of tamil nadu societies Registration Act 1975 within the time limit to be fixed by this Honble Court.

For Petitioner(s) Mr.R.Gokulakrishnan For Respondent(s):

Mr.P.Harish, GA for R1 to 3 Ms.P.R.Uma Maheswari, for R4 to 6 R7 - N/R/N

ORDER

This writ petition has been filed to direct the respondents 2 and 3 to consider the petitioners representation dated 12.12.2022 and conduct enquriy as per 36 of Tamil Nadu Societies Registration Act, 1975 (hereinafter called as "the Act").

2. The learned counsel for the petitioner would submit that in this case, the petitioner filed a representation, requesting the 2nd respondent to take action against the respondents 5 to 7. As per the provisions of Section 36(1) of the Act,

such application has to be made by majority of members, which is not less than 1/3rd of the total members of the Society. Accordingly, out of 217 members, the consent was given by 95 members. In spite of the same, the petitioner's representation was not at all considered by the respondent. Hence, this writ petition.

3. On the other hand, the learned counsel for the respondent would submit that the representation was filed in the petitioner's individual capacity and except the names, nothing has been mentioned with regard to the details of other members. Further, the signed consent copy of the members was not available along with the representation. Hence, he would request this Court to direct the petitioners to file a fresh representation along with the consent copy, so as to enable the 2nd respondent to consider the same and pass orders.

4. Heard the learned counsel for the petitioner and the respondents and also perused the entire materials available on record.

5. In the case on hand, a representation dated 12.12.2022 was filed by the petitioner in terms of Section 36 of the Tamil Nadu Societies Registration Act, 1975. However, the same was not considered by the respondent till date.

6. According to the respondent, though the representation contains the names of 95 members of the Society, the signed consent copy was not produced along with the representation before the 2nd respondent.

7. Further, it appears that the representation was filed as early as in the year 2022. Therefore, as requested by the respondent, this Court directs the petitioner to file a fresh representation along with the signed consent copy of 95 members of the Society. In such case, the respondent is directed to consider the said representation and dispose of the same on merits and in accordance with the provisions of the Tamil Nadu Societies Registration Act, 1975, within a period of 12 weeks from the date of receipt of such representation from the petitioner.

8. With the above directions, this writ petition is disposed of. No cost. 23-03-2026 nsa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Ariyalur District 2.The Inspector General of Registration Inspector General office, No. 100 Santhome High Road chennai 600 028 3.The District Registrar District Reigstrar office, Perambalur / Ariyalur 4.The Perambalur District Chemistry and Druggist Association Rep by its president Mr. K.A. Sowgathali, No. 70E / 6 Nirmala Nagar Perambalur post and Taluk and District

KRISHNAN RAMASAMY J.

nsa 23-03-2026