S.Prabhakaran v. The District Registrar Of Societies,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU WP. No. 21630 of 2019 S.Prabhakaran

...Petitioner

Vs.

1.The District Registrar of Societies Salem West, O/o.The District Collectorate Campus Salem, Salem District.

2.The Secretary Salem Civil Engineers Association Housing of Engineers No.6/1, Omalur Main Road Salem 636 009.

3.The Chairman Governing Council No.6/1, Omalur Main Road Salem 636 009.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to consider the representation of the Petitioner dated 26.03.2019 in accordance with law. For Petitioner :Mr. K.Anandhu For Respondents :Mr. T.M.Pappiah for R1 Special Government Pleader

O R D E R

The Writ Petition has been filed for a direction to the First Respondent to consider the representation dated 26.03.2019 made by the Petitioner for conduct of election to the Second Respondent.

https://hcservices.ecourts.gov.in/hcservices/

2.

When it is pointed out that in view of the dictum laid down by the Full Bench of this Court in C.M.S. Evangelical Suvi David Memorial Higher Secondary School Committee -vs- District Registrar, Cheranmahadevi [(2005) 2 LW 550] that disputes relating to conduct of election in an association cannot be adjudicated by the Registrar of Societies under the provisions of the Tamil Nadu Societies Registration Act, 1975, and the aggrieved person would have to institute suit before the jurisdictional Civil Court for appropriate relief, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same. He has also made an endorsement to that effect, which is recorded.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar dna To 1.The District Registrar of Societies Salem West, O/o.The District Collectorate Campus Salem, Salem District.

2.The Secretary Salem Civil Engineers Association Housing of Engineers No.6/1, Omalur Main Road Salem 636 009.

3.The Chairman Governing Council No.6/1, Omalur Main Road Salem 636 009.

+2 Ccs to Mr.K.Anandhu, Advocate sr 63638 & 63524. +1 CC to The Govt. Pleader sr 63394 WP. No. 21630 of 2019 MR(CO) SP(27/08/2019) https://hcservices.ecourts.gov.in/hcservices/