Federation Of All Civil Engineers Association Of Tamilnadu v. The District Registrar Of Society
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.29427 and 29429 of 2024 M/s.Federation of All Civil Engineers Associations of Tamil Nadu Rep. by its State General Secretary Mr.P.Sivakumar ... Petitioner Vs.
1.The District Registrar of Society, District Registrar's Office, Irangampalayam, Erode, Erode District.
2.Er.R.Vijaya Banu 3.Er.B.Baskaran 4.Er.M.A.Asokan 5.The Branch Manager, Yes Bank, Ground Floor, No-5/315 Junction Main Road, Salem - 636 004.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to recognize the newly elected office bearers sent through its communications dated 09.07.2024 and 22.08.2024 on its file and uploaded online on its 1/5
website and not to consider the representations given by the respondent 2 to 4 on its file.
For Petitioner : Mr.Srinath Sridevan Senior Counsel for M/s.S.Sivashanmugam For Respondent : Mr.T.Chezhiyan for R1 Additional Government Pleader
O R D E R
Mr.T.Chezhiyan, learned Additional Government Pleader takes notice on behalf of the first respondent. Since this Court is not inclined to pass any adverse order as against the respondents 2 to 5, notice to the respondents 2 to 5 is dispensed with. By consent, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the first respondent to recognize the newly elected office bearers sent through its communications dated 09.07.2024 and 22.08.2024 on its file and uploaded online on its website and not to consider the representations given by the respondent 2 to 4 on its file.
3.The learned counsel appearing for the petitioner submitted 2/5
that the petitioner Federation is registered under Section 10 of Tamil Nadu Societies Registration Act and it was formed on 28.11.2006 and it is functioning in the registered office. The petitioner federation is the apex body of all the civil engineer's association functioning in Tamil Nadu and Puducherry. The petitioner federation elected office bearers and made Form VII application to the first respondent on 09.07.2024 and e-reminder on 22.08.2024 seeking to recognize the newly elected office bearers, however, till date the same has not yet been considered.
4.The learned counsel appearing for the petitioner further submitted that without going into the merits of the case, this Court may issue direction to the first respondent to consider the Form VII application and to pass appropriate orders, within a reasonable time frame.
5.The learned Additional Government Pleader appearing for the first respondent submitted that since there is rival claim as against the petitioner, the petitioner's Form VII application will be considered and appropriate orders will be passed after providing opportunity to the petitioner as well as the rival group.
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6.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioner's Form VII application, on merits and in accordance with law and after providing opportunity to the petitioner as well as the rival group, pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.
7.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed. 11.09.2024 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Registrar of Society, District Registrar's Office, Irangampalayam, Erode, Erode District.
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M.DHANDAPANI,J.
pri And W.M.P.Nos.29427 and 29429 of 2024 11.09.2024 5/5