B.Subramanian, v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.04.2017

CORAM

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Writ Petition No.26111 of 2016 1.B.Subramanian 2.G.Ramasamy 3.P.Vishwanathan 4.T.V.Kuppusamy 5.S.Hariharan 6.C.N.Madhava Rao ... Petitioners /versus/ 1.The Inspector General of Registration, Santhome High Road, Chennai 600 028.

2.The District Registrar (Societies), Chennai Central, Royapettah, Chennai 600 014.

3.M/s Telugu Brahamana Mahasabha (Regd) Represented by its General Secretary, No.33, Eswaran Kovil Street, Sri Kanchi Shankara Madam, West Mambalam, Chennai 600 033.

... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to take action on the representation dated 15.10.2015 given by the petitioners and pass orders within a reasonable time as may be fixed by this Court. For Petitioners :Mr. N.Anand Venkatesh For Respondents :Mr.N.Srinivasan, AGP for R1 and R2 Mr.Lesi Saravanan for R3

O R D E R

The prayer in the writ petition is for issuance of a Writ of Mandamus directing the 2nd respondent to take action on the representation dated 15.10.2015 given by the petitioners and pass orders within a reasonable time, as may be fixed by this Court.

2.According to the petitioners, the petitioners made a representation dated 15.10.2015 to the second respondent for taking action against the office bearers, who took illegal action against the Society. Since the said representation of the petitioners dated 15.10.2015 is still pending before the second respondent, the petitioners have filed the present writ petition for the aforesaid prayer.

3.The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that if the representation of the petitioner dated 15.10.2015 is pending before the second respondent, the same shall be considered on merits and in accordance with law.

4. The learned counsel appearing for the third respondent submitted that if any direction has been issued by this Court as prayed by the writ petitioners, an opportunity shall be given to the third respondent at the time of conducting enquiry by the second respondent.

5. Considering the limited scope of the prayer sought for by the petitioners in the writ petition, rival submissions made by the learned counsel appearing for the parties and without going into the merits of the case, this Court is inclined to direct the second respondent to consider the petitioners' representation dated 15.10.2015 and pass orders on merits and in accordance with law, after affording opportunity to the parties concerned, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. It is needless to say that the petitioners are directed to sent a copy of the representation dated 15.10.2015 along with a copy of this order to the second respondent.

6. Accordingly, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Inspector General of Registration, Santhome High Road, Chennai 600 028.

2.The District Registrar (Societies), Chennai Central, Royapettah, Chennai 600 014.

3.The General Secretary, M/s Telugu Brahamana Mahasabha (Regd) No.33, Eswaran Kovil Street, Sri Kanchi Shankara Madam, West Mambalam, Chennai 600 033.

+1cc to Mr.N.Anand Venkatesh, Advocate Sr.25129 +1cc to M/S.Lesi Saravanan, Advocate Sr.25134 +1cc to the Government Pleader Sr.25336 W.P.No.26111 of 2016 skv[co] srg 23/05/2017