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Madras High CourtWP/12577/2024disposed of

R.Ravichandran v. Inspector General Of Registration,

2024-04-30Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN & W.M.P.No.13736 of 2024 R.Ravichandran

...Petitioner

Vs.

1.Inspector General of Registration No.100, Santhome Main Road Raja Annamalai Puram Chennai-600 028 2.The District Registrar (Societies) District Registrar Office Nagarcoil Kanyakumari District Nagarcoil-629 001 3.Vivekananda Educational Society Rep by its President Mr.K.S.Mani Agesteeswaram & Post Kannayakumari District Agesteeswaram-629 701

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to conduct enquiry under Section 36 of the Tamilnadu Societies Registration Act, 1975 on the supervision of the 1st respondent, on the basis of petitioner's representations dated 28.03.2024 and 15.04.2024, pending on the file of the 1st and 2nd respondents and by awarding opportunity to the petitioner personal hearing, within the time limit fixed by this Court.

For Petitioner : Mr.V.Raghavachari, Senior Advocate for Ms.L.Poompavai For Respondents : Mr.P.Muthukumar, AAG assisted by Mr. P.Anandakumar, G.A for R1 and 2

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2. This Writ Petition has been filed seeking a direction to the 2nd respondent to conduct enquiry under Section 36 of the Tamilnadu Societies Registration Act, 1975 on the supervision of the 1st respondent, on the basis of petitioner's representations dated 28.03.2024 and 15.04.2024, pending on the file of the 1st and 2nd respondents and by 2/6

awarding opportunity to the petitioner personal hearing, within the time limit fixed by this Court.

3. The facts of the case is that the petitioner is the share holder/member in the 3rd respondent Educational society holding share No.34 among the 93 members. Petitioner has sought for a direction to the 2nd respondent to conduct an enquiry under Sec.36 of the Tamilnadu Societies Registration Act, 1975 under the supervision of the 1st respondent on the basis of the petitioner's representations dated 28.03.2024 and 15.04.2024 pending on the file of the 1st and 2nd respondents by affording an opportunity of personal hearing, but the same was not considered. Hence, the present Writ Petition.

4. The learned Senior counsel appearing for the petitioner submitted that it would be suffice if this Court issues a direction to the 2nd respondent to conduct enquiry under Section 36 of the Tamilnadu Societies Registration Act, 1975 on the supervision of the 1st respondent, on the basis of petitioner's representations dated 28.03.2024 and 15.04.2024, pending on the file of the 1st and 2nd respondents and by 3/6

awarding opportunity to the petitioner personal hearing and pass orders.

5. Mr.P.Muthukumar, learned Additional Advocate General assisted by Mr.P.Anandakumar, learned Government Advocate appearing for the respondents 1 and 2 would submit that a direction will be issued to the respondents to consider the representation of the petitioner after affording an opportunity of personal hearing and orders will be passed.

6. Considering the facts of the case, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent to conduct enquiry under Section 36 of the Tamilnadu Societies Registration Act, 1975 on the supervision of the 1st respondent, on the basis of petitioner's representations dated 28.03.2024 and 15.04.2024, pending on the file of the 1st and 2nd respondents and by awarding opportunity to the petitioner personal hearing and pass orders within a period of eight weeks from the date of receipt of a copy of this Order. 4/6

With the above observation, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

30.04.2024 Index:Yes/No Speaking order/Non-speaking order kpr Copy To:

1.The Inspector General of Registration No.100, Santhome Main Road Raja Annamalai Puram Chennai-600 028 2.The District Registrar (Societies) District Registrar Office Nagarcoil Kanyakumari District Nagarcoil-629 001 3.The President Vivekananda Educational Society Mr.K.S.Mani Agesteeswaram & Post Kannayakumari District Agesteeswaram-629 701 5/6

V.BHAVANI SUBBAROYAN,J.

kpr 30.04.2024.

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