V.A.Muhammed Yousuf Gani v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

MR.JUSTICE N.SESHASAYEE V.A.Muhammed Yousuf Gani ... Petitioner Vs.

1.The Secretary Abiramam Muslim Association, Plot No.352, 11th East Cross Street, Mahakavi Bharathi Nagar, Chennai-600 079.

2.The Registrar of Society, AIG (Admin) District Registrar Office, No.182, Bharathi Salai, Chennai Central, Royapettah, Chennai-600 014 ... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, for issuance of a writ of Mandamus, directing the respondents to stop the general body meeting of Abiramam Muslim Association Reg.No.52/1975 and considering the representation letter dated on 07.09.2023. 1/4

For Petitioner : Mr.K.Gajendiran For Respondents : Mr.A.Anandan Government Advocate for R2

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner herein intends to stall a General Body Meeting of the second respondent Society. The notice for the General Body Meeting was issued on 16.08.2023, and it is scheduled to take place on 17.09.2023. Today is two days before the scheduled General Body Meeting, and the petitioner seeks the aid of this Court to stall it.

3.Mr.K.Gajendiran, the learned counsel for the petitioner, made a statement that earlier, he had preferred a complaint to the second respondent regarding certain alleged deficiencies and mismanagement in the functioning of the Society. Since the second respondent did not take any action, the petitioner 2/4

moved this Court with W.P.No.8789 of 2023, and this Court vide its order dated 21.03.2023, directed the second respondent to consider the petitioner's representation dated 12.04.2022 on its merits and in accordance with the law. The learned counsel also added that the second respondent has yet to make a decision on the complaint covered under W.P.No.8789 of 2023. It is in this backdrop, the Annual General Body Meeting is scheduled to be held. 4.Mr.A.Anandan, the learned Government Advocate takes notice for the second respondent, who, on instruction of the second respondent, made a statement that the Societies Registration Act, 1860, does not vest the Registrar of Society with any power to interfere with the Annual General Body of the Society.

5.This Court, without getting into the merits of this case, only intends to record that it cannot stall an Annual General Body Meeting of this nature. N.SESHASAYEE, J.

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Anu 6.The writ petition stands dismissed accordingly. No costs. 15.09.2023 Anu Index : Yes / No To.

The Registrar of Society, AIG (Admin) District Registrar Office, No.182, Bharathi Salai, Chennai Central, Royapettah, Chennai-600 014 4/4