P.Kadhirvel v. District Registrar (Administration)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.28502 of 2024 P.Kadhirvel ... Petitioner Vs.
1.
District Registrar (Administration) In the cadre of Assistant Inspector General of Registration, Chennai (Central), 182, Bharathi Salai, Royapettah, Chennai - 600 014.
2.
Indian Officers' Association Represented by its President Centenary Building, No.69/35, Thiru.Vi.Ka.High Road, Royapettah, Chennai - 600 014.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus to direct the 1st respondent to consider the representation dated 14.08.2024 made by the petitioner and consequently dispose of the same by passing suitable orders within the stipulated time fixed by this Court.
For Petitioner :
Mr.K.R.Arjun For Respondents :
Mr.P.Harish, GA for R1
O R D E R
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The petitioner has filed this petition seeking a direction to the first respondent to consider the representation dated 14.08.2024 made by the petitioner and pass appropriate orders within the time frame that may be stipulated by this Court.
2. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.
3. The case of the petitioner is that the petitioner is a retired professor and life member of the second respondent. The Executive Committee proposed two key resolutions in 115th Annual General Meeting of the second respondent held on 18.09.2022. Despite the clear opposition and the failure to secure the requisite 75% majority, the Executive Committee unlawfully recorded the resolution as "deferred" instead of marking it as failed. Aggrieved by the procedural irregularities and the unlawful actions of the Executive Committee, the petitioner on behalf of the opposing members, approached the first respondent, seeking an inquiry into the matter. However, despite several reminders, the first respondent failed to take any substantial action or provide any response. Hence the present writ petition has been filed Page No.2 of 5
seeking the aforesaid relief.
4. Though very many grounds have been raised in this Writ Petition, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the first respondent to consider the petitioner's representation dated 14.08.2024 and pass appropriate orders on merits and in accordance with law, within a particular time frame to be fixed by this Court.
5. The learned Government Advocate appearing for the respondent has no objection for the said order being passed.
6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 14.08.2024 and pass appropriate order on merits and in accordance with law and after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any including the second respondent, within a period of four (4) weeks from the date of receipt of a copy of this order.
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7. With the above observation and direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
25.09.2024 RAP Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
District Registrar (Administration) In the cadre of Assistant Inspector General of Registration, Chennai (Central), 182, Bharathi Salai, Royapettah, Chennai - 600 014.
M.DHANDAPANI,J.
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