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Madras High CourtWP/8658/2013dismissed

Miya Sadullah Basha v. The Inspector General Of

2016-09-15Honourable Mr Justice M. Jaichandren3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.8658 of 2013 Miya Sadullah Basha .. Petitioner Vs.

1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600 004.

2.The District Registrar of Societies, Velappadi, Vellore District.

3.C.Khaiser Ahmed The General Secretary, Vaniyambadi Muslim Educational Society, Fort, Vaniyambadi, Vellore District.

4.Vaniyambadi Muslim Educational Society, rep by its General Secretary, Fort, Vaniyambadi, Vellore District.

.. Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondents 1 and 2 to dispose of the petitioner's representations, dated 19.3.2013 and 21.03.2013, respectively.

For Petitioner : Mr.R.Gopinath, for M/s.McGan Law Firm For Respondents: Mr.P.Sanjai Gandhi, AGP for RR1 and 2 Mr.N.A.Nissar Ahamed for R-3 Mr.S.Sounthar for R-4 - - - - -

ORDER

Heard.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 to dispose of the representations of the petitioner, dated 19.3.2013 and 21.3.2013. By the said representations, a request has been made to the respondents 1 and 2 to set aside the proceedings of the Annual General Body meeting and the elections held, on 17.3.2013 and 18.3.2013, as it had been held arbitrarily, illegally and contrary to the provisions of law.

At this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the third respondent had submitted that the first and the second respondents cannot cause an enquiry, with regard to the elections held for the Vaniyambadi Muslim Educational Society, as per the decision of a Full Bench of this Court, in C.M.S.Evangelical Suvi David Memorial Higher Secondary School Committee Vs. The District Registrar, Cheranmahadevi, Tirunelveli District and others, reported in 2005 (2) CTC 161.

The learned counsel appearing on behalf of the fourth respondent had submitted that the elections were held on 17.3.2013 and 18.03.2013 and the period of the office bearers had also expired.

In view of the said submissions made, this Court is of the considered view that the writ petition has become infructuous. Hence the writ petition stands dismissed, as infructuous. No costs.

Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar To 1.The Inspector General of Registration, Office of the Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600 004.

2.The District Registrar of Societies, Velappadi, Vellore District.

+1 cc to Govt.Pleader,sr.52517 +1 cc to M/s.N.A.Nissar Ahmed,advocate,sr.52421. vd(co) krd 28/9 W.P.No.8658 of 2013