V.Ramana Reddy, v. The District Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 3.8.2015
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.13858 of 2012 V.RAMANA REDDY [ PETITIONER ] LIFE MEMBER NO.N-260 ALL INDIA SAI SAMAJ NO.2, FRANCIS JOSEPH STREET II FLOOR CHENNAI-1.
Vs 1 THE DISTRICT REGISTRAR CHENNAI CENTRAL-CUM-REGISTRAR OF SOCIETIES NO.182, BHARATHI SALAI ROYAPETTAH CHENNAI-14.
2 ALL INDIA SAI SAMAJ REP. BY ITS PRESIDENT OFFICE: 56-B, ALAMELUMANGAPURAM MYLAPORE CHENNAI-4.
[ RESPONDENTS ] This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent herein to consider the representation/Petition dated 16.5.2012 filed by this petitioner, conduct an enquiry forthwith and pass appropriate orders and cancel the Election Schedule announced illegally by the present office-bearers of the 2nd respondent-Samaj to be held on 3.6.2012 or on any other future date for not strictly complying with the pre-requisites of Rule 12(i) of the Bylaws of the 2nd respondent-Society.
For petitioner : Mr.V.Ramana Reddy party-in-person For respondents : Mr.R.Ravichandran AGP for R1
O R D E R
Heard Mr.V.Ramana Reddy, party-in-person and Mr.R.Ravichandran, the learned Additional Government Pleader for the first respondent.
2. This writ petition is filed praying that this Court may be pleased to issue a writ of Mandamus to direct the first respondent to consider the representation of the petitioner, dated 16.5.2012, and to conduct an enquiry relating to the election of office bearers of the second respondent, to be held on 3.6.2012 or on any other future date.
3. The petitioner had submitted that the election for electing the office bearers of the second respondent samaj was proposed to be held on 3.6.2012, without following the necessary formalities, including by-laws of the second respondent society.
4. The learned Additional Government Pleader appearing for the first respondent had submitted that the present writ petition has become infructuous, as the election for electing the office bearers of the second respondent samaj had already been held, for the years 2012-2015, and the respective office bearers had taken charge of their posts. It has also been submitted that the civil suit, in C.S.No.42 of 2001, had also been filed before this Court relating to the framing of the schemes, in respect of the second respondent samaj, and the matter is pending before the Supreme Court, at present.
5. Considering the submissions made by the petitioner and the learned Additional Government Pleader appearing for the first respondent, this Court is of the considered view that no relief could be granted by this Court in the present writ petition, at this stage, as the election for electing the office bearers of the second respondent samaj, for the years 2012-2015, had already been held and a civil suit had also been filed, in respect of the said election. Therefore, the writ petition has become infructuous. Hence, the writ petition is dismissed as infructuous. No costs. Connected M.P.No.1 of 2012 is closed.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar lan To:
1 THE DISTRICT REGISTRAR CHENNAI CENTRAL-CUM-REGISTRAR OF SOCIETIES NO.182, BHARATHI SALAI ROYAPETTAH CHENNAI-14.
2 THE PRESIDENT ALL INDIA SAI SAMAJ OFFICE: 56-B, ALAMELUMANGAPURAM MYLAPORE CHENNAI-4.
1 cc to Mr. J.Balagopal, Advocate Sr.No.40019 1 cc to Government Pleader.Sr.No.39919 W.P.No.13858 of 2012 RSI(CO) PMK.21.8.2015