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Madras High CourtWP/5341/2021disposed of

E.Chitranand v. The Inspector General Of Registration

2021-03-26Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.5341 of 2021 & W.M.P.No.5923 of 2021 E.Chitranand ... Petitioner vs.

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

2.The District Registrar (Societies), Collector Office Campus, Coimbatore - 641 018.

3.Young Men's Christian Association (Regd. No.48/1973), Represented by its General Secretary, No.55-70, Head Post Office Road, Coimbatore - 641 001.

4.The National Council of YMCAs of India, Rep. by its National General Secretary, Bharat Yuvak Bhavan, Jai Singh Road, New Delhi - 110 001.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the second respondent herein to take action to conduct the election of the third respondent society for the year 2021 - 2024 in accordance with the provisions of Societies Registration Act, 1975, within a time frame as deem fit and proper by this Court. For Petitioner : Mr.G.Bala and Daisy For Respondents 1 & 2 : Mr.T.M.Pappaiah Special Government Pleader

ORDER

This writ petition has been filed for a mandamus seeking for a direction to the second respondent to take action against the third respondent Association for the irregularities committed by them within a time frame to be fixed by this court.

2. Heard Mr.G.Bala and Daisy, learned counsel for the petitioner, and Mr.T.M.Pappaiah, learned Special Government Pleader for the respondents 1 and 2.

3. Learned counsel for the petitioner on instructions would submit that based on the petitioner's representation, enquiry proceedings has been initiated by the second respondent against the third respondent Association and the next date of hearing is fixed on 09.04.2021.

4. Since the enquiry proceedings has already been initiated, this Court is of the considered view that a direction can be issued to the second respondent to pass final orders in the said enquiry proceedings within a time frame to be fixed by this Court. No prejudice will be caused to any other parties if such a direction is given by this Court.

5. For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation seeking for initiation of legal action against the third respondent Association for the alleged irregularities committed, on merits and in accordance with law after affording a fair hearing to the petitioner as well as the third respondent and other necessary parties if any within a period of three months from the date of receipt of a copy of this Order.

6. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS VII) /TRUE COPY/ Sub-Assistant Registrar nl To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

2.The District Registrar (Societies), Collector Office Campus, Coimbatore - 641 018.

3.The General Secretary, Young Men's Christian Association (Regd. No.48/1973), No.55-70, Head Post Office Road, Coimbatore - 641 001.

4.The National General Secretary, The National Council of YMCAs of India, Bharat Yuvak Bhavan, Jai Singh Road, New Delhi - 110 001.

+1cc to M/s.Special Government Pleader, SR.NO.20546 W.P.No.5341 of 2021 DCH(CO) KKN 19.04.2021