Mr.P.T.Balakrishanan v. The Chennai Kancheepuram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2019

CORAM

THE HON'BLE Mr. JUSTICE M.DHANDAPANI W.P.No.21793 of 2009 and M.P.No.1 of 2009 Mr.P.T.Balakrishnan ... Petitioner Vs 1.The Chennai Kancheepuram Thiruvallur District Film Distributors Association, rep.by its Secretary, No.23, Meran Sahib Street, Chennai-2.

2.The District Registrar, Central Madras, Office of the Registrar of Societies, Chamiers Road, Chennai-18.

... Respondents PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ or order or direction, particularly in the nature of writ of Mandamus directing the 2nd respondent to initiate appropriate proceedings under the Tamil Nadu Societies Registration Act, 1975, against the office bearers of the 1st respondent for their wrong doings which includes both omission and commission and ensure compliance of the provisions of the Societies Registration Act, 1975 by the 1st respondent as well as ensure compliance by the 1st respondent of the bye-laws passed and approved by the 2nd respondent alone.

For Petitioner : Mr.Anand Abdul For Respondents: Mr.P.Neethikumar for R1 Mrs.K.Bhuvaneswari for R2

O R D E R

The petitioner filed the writ petition in the capacity of membership in the 1st respondent Society for issuance of writ of Mandamus directing the 2nd respondent to initiate appropriate proceedings under the Tamil Nadu Societies Registration Act, 1975, against the office bearers of the 1st respondent for their wrong doings which includes both omission and commission and ensure compliance of the provisions of the Societies Registration Act, 1975 by the 1st respondent as well as ensure compliance by the 1st respondent of the bye-laws passed and approved by the 2nd respondent alone.

2. The learned counsel appearing for the 1st respondent would submit that membership of the petitioner has been already removed from the 1st respondent Society. Aggrieved by the said action, the petitioner has also already filed a suit before the 1st Assistant City Civil Court in O.S.No.5932 of 2010 and the suit is dismissed. Thereafter, the petitioner did not prefer any appeal.

3. The contention of the learned counsel for respondent, with regard to the filing and dismissal of the suit, is also not disputed by the learned counsel for the petitioner.

4. In view of the fact that since the petitioner has already removed from the membership of the 1st respondent and the same was confirmed by the City Civil Court by dismissing the suit filed by the petitioner, nothing remains for further adjudication in the writ petition and hence, the writ petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To 1.The Secretary, The Chennai Kancheepuram Thiruvallur District Film Distributors Association, No.23, Meran Sahib Street, Chennai-2.

2.The District Registrar, Central Madras, Office of the Registrar of Societies, Chamiers Road, Chennai-18.

+1 CC to M/s.Waran & Sairams, sr 65714.

+1 CC to Govt. Pleader sr 65918.

W.P.No.21793 of 2009 BP(CO) SP(16/09/2019)