Erode District Thangam, Velli, v. The Inspector General Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.30890 of 2016 and W.M.P.No.26761 of 2016 Erode District Thangam, Velli, Vyram, Nagai Vyaparigal Sangam, [Registration No.10 of 1946] Rep by its Secretary P.Dharmaraj, 39 Pon Veethi, Erode 638 001. ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-28.

2.The District Registrar [Administration], In the cadre of Asst. Inspector General of Registration, District Registrar's Office, North Madras.

3.Tamilnadu Thangam, Velli, Vyram, Nagai Vyaparigal Sammelanam [Registration No.18 of 1988] Rep by its President No.2, Car Street, NSC Bose Road, Chennai-79.

4.D.R.Raghunath ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to pass appropriate orders in the representation of the petitioner dt.27.05.2016 taken on file in letter No.5990/E/2016 dt.05.07.2016 after holding an enquiry by giving a personal hearing to the petitioner and to forbear the respondents 3 & 4 from holding the election to the 3rd respondent Society till passing of orders in the representation of the petitioner dt.27.05.2016.

For Petitioner : Mr.V.E.Sivaguru For R1 and R2 : Mr.V.S.Ramesh, Govt. Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The grievance expressed by the petitioner is that in violation of the relevant provisions of the Tamilnadu Societies Registration Act 1975 and the rules framed therein, the fourth respondent allegedly convened the Meeting of the General Body on 22.05.2016 and attempted to amend the Bye-Law No.23 and in this regard, the petitioner has submitted a representation to the second respondent, who in turn vide letter No.5990/E/2016 dated 05.07.2016 has directed the third respondent to send their response, failing which, further action will be taken and appropriate orders will be passed.

3.The learned counsel appearing for the petitioner would submit despite nearly one month has lapsed, no action has been taken by the second respondent on the representation/complaint dated 27.05.2016 submitted by the petitioner and prays for appropriate orders.

4.This Court also heard the submissions of Mr.V.S.Ramesh, learned Government Advocate who accepts notice on behalf of the respondents 1 and 2.

5.Though the petitioner prayed for the larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the same, directs the second respondent to act on their communication dated 05.07.2016, addressed to the third respondent and pass orders, in accordance with law, within a period of two weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the respondents 3 and 4. 6.The writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar

gya/pri To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai-28.

2.The District Registrar [Administration], In the cadre of Asst. Inspector General of Registration, District Registrar's Office, North Madras.

+1 CC to V.E. Sivaguru, Advocate, SR.No.50025 +2 CC to Govt. Pleader, Sr.No.50169 to 50323 W.P.No.30890 of 2016 and W.M.P.No.26761 of 2016 NR (CO) MD 07/09/2016