V.A.Muhammed Yousuf Gani v. The Inspector Of General Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.A.Muhammed Yousuf Gani
...Petitioner
Vs.
1.
The Inspector of General Registration Department, No.100, Santhome High Road, Mylapore, Chennai - 600 028.
2.
The Registrar of Societies, Chennai Central, Royapettah, Chennai - 600 014.
3.
The Registrar of Societies, Chennai South, Fanapet, Chennai - 600 035.
4.
The Registrar of Societies, Chennai North, Kuralagam, Chennai - 600 108.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct all the respondents to renewed Abiramam Muslim Association Regd No.52/1975 the petitioner prays this Hon'ble High Court kindly take action and help us in the Abiramam Muslim Association may be conducting the election from the Abiramam Muslim Association as scheduled and from the community and conduct the election 1/7
as per representation letter made by the petitioner dated 12.04.2022. For Petitioner : Mr.K.Gajendiran For Respondents : Mr.U.Bharanidharan, AGP
O R D E R
The petitioner has filed this Writ petition seeking issuance of a Writ of Mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 12.04.2022.
2. Mr.U.Bharanidharan, learned Additional Government Pleader, takes notice for the respondents. In view of the consent expressed by the Learned counsel on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that he is one of the member of the Abiramam Muslim Association, registered under the Societies Act and there are 801 members in the said association and the same was formed on 08.04.1975. Further, the office bearers of the above said association were not maintaining the records properly and the association was not renewed periodically. Though an amount of Rs.600/- was collected from the members 2/7
of the association by the President and Secretary towards maintenance charges, however, it has been not used for the purpose of the association. Further, the election has not been conducted in a fair manner and since, no steps are being taken for conducting elections as per law, it is hampering the functioning of the association. Therefore, the petitioner made a representation dated 12.04.2022 before the respondents, seeking to renew the association and conduct election as per law and also to take appropriate action against the persons mishandling of association funds, however, till date, no orders have been passed on the said representation. Hence, this Writ petition.
4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 12.04.2022, renew the association and conduct election in a fair and transparent manner as expeditiously as possible.
5. Learned Additional Government Pleader appearing for the respondents submitted that appropriate orders will be passed on the 3/7
petitioner's representation dated 12.04.2022 within the time stipulated by this Court.
6. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 12.04.2022 on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
7. This Writ petition is accordingly disposed of. No costs. 21.03.2023 skt Speaking Order : Yes/ No Index : Yes/ No 4/7
To 1.
The Inspector of General Registration Department, No.100, Santhome High Road, Mylapore, Chennai - 600 028.
2.
The Registrar of Societies, Chennai Central, Royapettah, Chennai - 600 014.
3.
The Registrar of Societies, Chennai South, Fanapet, Chennai - 600 035.
4.
The Registrar of Societies, Chennai North, Kuralagam, Chennai - 600 108.
5/7
M.DHANDAPANI, J.
skt 6/7
21.03.2023 7/7