Mr.I.Subbiah v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 28504 of 2013 and M.P. Nos. 1 to 4 of 2013 and M.P. Nos. 2 to 4 of 2014 I.Subbiah, Member, Thenmavatta Maanattu Vakuppu, Tamizh Viswakarma Uravinmuraisangam, (Reg 26/83) No.1, Lakshmi Illam, Ayappan Nagar, Coimbatore - 641 001.
... Petitioner Vs.
1. The District Registrar, Office of the Registrar of Societies, Collectorate Campus, Coimbatore - 641 018.
2. The Revenue Divisional Officer, State Bank Road, Coimbatore - 641 018.
3. P.Shanmugam
4. Lakshmanan
5. Ravikumar, Inspector of Police, B-10, Selvapuram Police Station, Coimbatore.
6. The Acting President, Tenmavatta Maaanattu Vakkupppu, Tamizh Viswakarma Uravinmuraisangam, (Reg.No.153/07) No.138 Ashok Nagar, Govindasamy Layout, Coimbatore - 641 001.
7. A.Apaavu, President, Thenmavatta Maanattu Vakuppu, Tamizh Viswakarma Uravinmurai Sangam, 938-939, Periya Kadai Veethi, Coimbatore - 641 001.
... Respondents (R5 to R7 impleaded as per order dated 23.01.2014 by VDPJ in M.P. Nos. 5 of 2013 and M.P. No.1 of 2014 in W.P. No.
28504 of 2013) PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, praying to issue writ of certiorari calling for the records of the first respondent pertaining to the impugned certificate of registration of society in the name of "Thenmavatta Maanattu Vakuppu Tamizh Viswakarma Uravin Murai Sangam" in registration Sl. No.153/2007 dated 14.06.2007 and quash the same.
For Petitioner : Mr.V.Srikanth For Respondents : Mr.K.M.D.Muhilan, Government Advocate for R1 & R2 Dr.G.Krishnamurthy for R3 & R4 Mr.A.Suresh Sakthimurugan for R7 No appearance for R5 & R6
O R D E R
The learned counsel for the seventh respondent made a submission that both the petitioner as well as the seventh respondent are no more. The relief sought for in the present Writ Petition is to quash the Certificate of Registration of Societies dated 14.06.2007.
2. The Certificate of Registration of Societies is challenged by the petitioner in his individual capacity as a Member. Admittedly, the seventh respondent was impleaded during the pendency of the Writ Petition. Thus, no further adjudication in respect of such disputes cannot be continued as the dispute is relating to the Registration of Society, i.e., "Thenmavatta Maanattu Vakuppu Tamizh Viswakarma Uravin Murai Sangam".
3. When the member who instituted the Writ Petition is no more and the person who was elected, i.e., seventh respondent is also died. If at all, the other members are interested in pursuing the dispute, it is left open to them to adjudicate the dispute in the manner known to law. This apart, such dispute between the members of the Registered Sangam cannot be done in a
writ proceedings under Article 226 of the Constitution of India. Even under the provisions of the Tamil Nadu Societies Registration Act, 1975, provision for appeal is there.
4. This being the factum, the learned counsel for the petitioner states that the legal representatives of the petitioner are also interested in pursuing the matter, if so, they are at liberty to approach the competent appellate authority under the Tamil Nadu Societies Registration Act for the purpose of resolving the dispute in the manner known to law.
5. Accordingly, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vji / mka To
1. The District Registrar, Office of the Registrar of Societies, Collectorate Campus, Coimbatore - 641 018.
2. The Revenue Divisional Officer, State Bank Road, Coimbatore - 641 018.
+1CC to Mr.A.Suresh sakthi murugan, Advocate, Sr.No.50165 +1CC to Mr.Government Pleader, Sr.No.50836 W.P. No. 28504 of 2013 and M.P. Nos. 1 to 4 of 2013 and M.P. Nos. 2 to 4 of 2014 EV (CO) K.RK. (12.11.2021)