A.C.Kumar v. The Kanchipuram Chamber Of Commerce

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 22933 of 2025 A.C.Kumar S/o. A. Chellaiah, No. 5 Railway Road, Kanchipuram 631 502.

... Petitioner Vs

1. The Kanchipuram Chamber Of Commerce Represented By Secretary, No. 7 Mahendra Pallavan Stret, Maamallan Nagar, Kanchipuram 631 501.

2.The District Registrar Societies Registration, Distirct Registrar Office, Kanchipuram 631502 ... Respondents PRAYER Writ Petition under Article 226 of the Constitution of India praying for the issuance of 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 2nd respondent on the basis of petitioner representation dated 25.03.2025 pending on the file of the 2nd respondent and by awarding opportunity of personal hearing and consequently directing the 2nd respondent to appointment of special officer to regulate the administration regularize the membership list conduct the election and handover the administration to the elected body as per the provisions of the by 1/4

law of the 1st respondent organization within a time frame fixed by this Court. For Petitioner :

Mr.Ilayarajakumar for Mr.R.Manibarathi For Respondents:

Mr.E.Veda Bagath Singh Special Government Pleader

ORDER

This writ petition has been filed for the issuance of a Writ of Mandamus directing the second respondent to act upon the representation dated 25.03.2025, wherein the petitioner is seeking for conducting enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975 (hereinafter referred to as 'the Act') and for a consequential direction to the second respondent to appoint special officer to regulate the administration, regularize the membership list, conduct the election and handover the administration to the elected body as per the provisions of the bye law.

2. Heard Mr.Ilayarajakumar for Mr.R.Manibharathi, learned counsel for the petitioner and Mr.E.Veda Bagath Singh, learned Special Government Pleader for the respondents.

3. The grievance of the petitioner is that the first respondent Society is in existence for more than 42 years. It is running out of the funds raised from 2/4

donation given by the well wishers and contribution collected from the members. The grievance of the petitioner is that there is large scale mismanagement and misappropriation of funds and no proper election is being conducted. Hence, the petitioner submitted a representation before the second respondent seeking for enquiry under Section 36 of the Act. Since the same was not considered, the present writ petition is filed before this Court.

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the second respondent to deal with the representation made by the petitioner on 25.03.2025 after affording an opportunity to all concerned and take a decision within a period of eight weeks from the date of receipt of a copy of this order. This writ petition is disposed of in the above terms. No costs.

04-07-2025 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes N.ANAND VENKATESH J.

KST To 3/4

1.The Kanchipuram Chamber Of Commerce Represented By Secretary, No. 7 Mahendra Pallavan Stret, Maamallan Nagar, Kanchipuram 631 501.

2.The District Registrar Societies Registration, District Registrar Office, Kanchipuram 631502 W.P.No.22933 of 2025 04.07.2025 4/4