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Madras High CourtWP/3760/2024dismissed

P.Govindasamy, v. The Inspector General Of Registration,

2024-04-17Honourable Mr Justice S.M. Subramaniam4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.04.2024

CORAM

THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM P.Govindasamy

...Petitioner

Vs 1.The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai - 600 028.

2.The Registrar of Societies / District Registrar, O/o.North Chennai District, Kuralagam, Chennai - 600 108.

3.The South Indian Sengunthar Magajana Sangam, Reg No.9/1938-39, rep. by its President, No.58, Armenian Street, George Town, Chennai - 600 001.

...Respondents

Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1st and 2nd respondents to take over the administration to conduct the election for the office bearers of the 3rd respondent in due course as per the Bye-laws of the Sangam within a limited time framed by this Court. For Petitioner :

Mr.T.S.Umashankar For Respondents :

Mr.L.S.M.Hasan Fizal Additional Government Pleader Mr.T.M.Pappiah for R3

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to take over the administration to conduct the election for the office bearers of the 3rd respondent in due course as per the Bye-laws of the Sangam. 2.Such a relief sought for in this Writ Petition is not entertainable since the election disputes are to be resolved to the Competent Civil Court of law. It is brought to the notice of this Court that more than one Civil Suits are pending before the Civil Court and therefore, the petitioner has to work out their remedy in the pending Civil Suit or by instituting a fresh

Civil Suit in the manner known to Law. However, the Writ Court cannot issue any direction to take over the administration and conduct the election to the Society registered under the Tamil Nadu Societies Registration Act. Accordingly, this Writ Petition is dismissed. No costs. 17.04.2024 Index : Yes/No Speaking order :Yes/No :Yes/No mps To 1.The Inspector General of Registration, No.100, Santhome High Road, Santhome, Chennai - 600 028.

2.The Registrar of Societies / District Registrar, O/o.North Chennai District, Kuralagam, Chennai - 600 108.

S.M.SUBRAMANIAM, J, mps 17.04.2024