Vyasarpadi Kasturba Gandhi v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.08.2015

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.23451 of 2015 and M.P.Nos.1 and 2 of 2015 Vyasarpadi Kasturba Gandhi Nagar Residents Welfare Association rep. by its General Secretary Vyasarpadi, Chennai - 39.

... Petitioner Vs.

1. The District Registrar of Societies, Chennai Central, Chennai - 14.

2. N.Logachandran ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for all the records relating to the impugned order No.10310/E2/2014 dated 22.12.2014 issued by the first respondent herein and quash the same as unjust, arbitrary and illegal and consequently direct the first respondent to accept the Form No.VII submitted by the petitioner Association on 05.08.2014.

For Petitioner :

Mr.J.Thilagaraj For Respondents :

Mr.M.S.Ramesh, Additional Government Pleader for R1 https://hcservices.ecourts.gov.in/hcservices/

ORDER

Challenging the order dated 22.12.2014, by which, the petitioner was informed that the inter se dispute between the petitioner and the second respondent cannot be decided as per the dictum laid down by the Division Bench of this Court in W.A.Nos.2669 of 2001 etc., batch dated 24.03.2005, the present writ petition has been filed. 2.Learned counsel for the petitioner submitted that the petitioner is the authorised representative of the Executive Committee, which has been duly elected as against the second respondent. This Court is afraid, the said dispute cannot be decided by the first respondent as the said authority has no power or authority to decide the same as held by the Division Bench of this Court in W.A.Nos.2669 of 2001 etc., batch dated 24.03.2005. Taking note of the same alone, the first respondent has passed the order. 3.

The grievance of the petitioner is only against the second respondent and this can be only decided by the competent civil Court. Therefore, this Court does not find any reason to interfere with the same. The writ petition is dismissed, however, with liberty to the petitioner to workout their remedy before the competent civil Court, if so advised. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mmi To The District Registrar of Societies, Chennai Central, Chennai - 14.

+2cc's to Mr.J.Thilagaraj, Advocate, S.R.No.39508 +1cc to the Government Pleader, S.R.No.39948 W.P.No.23451 of 2015 SR(CO) CA(14/08/2015) https://hcservices.ecourts.gov.in/hcservices/