K.Gurumurthy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR WP.No.5315 of 2024 & WMP.No.5841 of 2024 K.Gurumurthy .. Petitioner
Versus
1.The District Collector, Thiruvannamalai District, Thirvannamalai.
2.The Inspector General of Registration, Santhome High Road, Chennai - 600 028.
3.The District Registrar, O/o.District Registrar Office, Thiruvannamalai.
4. K.Subramaniyan .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, Calling for the records of the Respondents 1 to 3 particularly the third Respondents letter dated 28.08.2023 vide Ref. No 3734 / A2 / 2017 and to quash the same and consequently direct the Respondents to take action for appointing a Special Officer to take in-charge or to take necessary action to function with the newly elected body for the Thiruvannamalai Sri Parvatharajakula Sangam situated at No. 22 Thirumanjana Gopura Veethi, Thiruvannamalai for proper function on the basis of the petitioner representation dated 21.09.2023. 1/5
For Petitioner : Mr.R.Thanjan For Respondents : Mr.G.Ameedius, Government Advocate - R1 Mr.B.Vijay Additional Government Pleader - R2 & R3 Mr.J.Ramakrishnan - R4
ORDER
With the consent of both sides, this Writ Petition is taken up for disposal at the admission stage itself.
2. This Writ Petition has been filed to quash the letter of the third respondent dated 28.08.2023 vide Ref. No 3734 / A2 / 2017 and consequently direct the respondents to take action for appointing a Special Officer to take in-charge or to take necessary action to function with the newly elected body for the Thiruvannamalai Sri Parvatharajakula Sangam, situated at No. 22 Thirumanjana Gopura Veethi, Thiruvannamalai on the basis of the representation of the petitioner dated 21.09.2023.
3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent and the 2/5
Additional Government Pleader appearing for the second and third respondent and the learned counsel appearing for the fourth respondent.
4. It is the case of the petitioner that he is a permanent member among the group advisors of the Thiruvannamalai Sri Parvatharajakula Sangam and it is a registered Sangm under the Societies Registration Act. As the petitioner came to understand that the Sangam is not properly functioning, he gave a representation to the respondents 1 to 3, but no action has been taken by them. Hence, the petitioner filed a Writ Petition in W.P.No.11373 of 2023 and this Court by an Order dated 18.04.2023 directed the third respondent to consider the representation of the petitioner. Pursuant to the above direction, now the impugned Order has been passed. Challenging the same, the present Writ Petition has been filed.
5. The learned counsel appearing for the petitioner submitted that the fourth respondent is still continuing despite the fact that the new President has been elected.
6. A perusal of the impugned Order indicate that the petitioner has already been removed from the membership in a General Body meeting held 3/5
on 27.11.2016. Further, the impugned Order does not indicate any other defects in the administration of the society. The counter filed by the fourth respondent indicate that the dispute is purely internal dispute among the members. In such view of the matter, as the District Registrar has not found any fault, if at all any individual has any grievance, his remedy lies before the Civil Court and not by way of Writ Petition. Hence, I do not find any merits in this Writ Petition.
6. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 20.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To 1.The District Collector, Thiruvannamalai District, Thirvannamalai.
2.The Inspector General of Registration, Santhome High Road, Chennai - 600 028.
3.The District Registrar, O/o.District Registrar Office, Thiruvannamalai. 4/5
N. SATHISH KUMAR , J.
vrc W.P.No.5315 of 2024 20.06.2024 5/5