K.S.Educational Society v. Government Of Puducherry

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM K.S.Educational Society, Represented by its President, S.Ramesh, No.13, Mariyamman Koil Street, Kathirkamam, Puducherry - 9.

... Petitioner Vs.

1.Government of Puducherry, Represented by its Revenue Secretary, Puducherry.

2.The Registrar of Companies, No.35, Elango Nagar, III Cross, Puducherry.

3.Mr.S.Sandosh, Secretary M/s.K.S.Educational Society, No.57, Gangai Amman Koil Street, Puducherry - 9.

(R-3 impleaded vide order dated 30.07.2019 in W.M.P.No.21943 of 2019 by PDAJ) ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records as well as the letter dated 26.06.2018 in F.C.No.738 of 2007/SRA/2018 on the file of the second respondent and quash the same and direct the second respondent to accept the statement of accounts filed by the petitioner. For petitioner : Mr.P.Veeraragavan for S.Saranraj For R1and R2 : Mr.A.Tamilvanan Additional Government Pleader (Puducherry) For R3 : C.A.Dinakar

O R D E R

The order passed passed by the Registrar of Companies, Puducherry dated 26.06.2018 is under challenge in the present writ petition. 2.

The Registrar of Companies recorded that various claims and counter claims have been raised by various parties to the K.S.Educational Society. In view of the disputed facts between the parties regarding management, the Registrar of Companies relegated the parties to approach the competent Civil Court of law to redress their grievances.

3.

In this context, the parties have already instituted a Civil Suit in O.S.No.2204 of 2018 on the file of the Principal District Munsif, Puducherry. The said Suit was instituted by K.S.Educational Society. That being so, the parties have to adjudicate the issues on merits before the competent Civil Court of law.

4.

Therefore, the relief as such sought for in the present writ petition to direct the 2nd respondent to accept the statement of accounts cannot be granted.

Accordingly, the Writ Petition stands dismissed. No costs. 01.02.2024 veda Index : Yes / No Speaking order / Non-Speaking Order To 1.Government of Puducherry, Represented by its Revenue Secretary, Puducherry.

2.The Registrar of Companies, No.35, Elango Nagar, III Cross, Puducherry.

S.M.SUBRAMANIAM, J.

veda 01.02.2024