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Madras High CourtWP/26711/2004dismissed as infructuous

Konguvelar Nasiyanur Kannakula v. The District Registrar,

2017-08-11Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2017 Coram The Hon'ble Mr. Justice M. DHANDAPANI W.P.No.26711 of 2004 and W.P.M.P.No.32525 of 2004 Konguvelalar Nasiyanur Kannakula Kothirathar Narpani Mandram rep.by its President N. Chenniappa Gounder ..

Petitioner Erode-638 001.

Vs 1.The District Registrar, Office of the District Registrar, Erode.

2.A.C.Thangamuthu (R2 impleaded as per Order of Court dated 21.01.2006 in WPMP.No.3633 of 2005) .. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ order or direction specifically in the nature of Writ of certiorarified Mandamus calling for the entire records pertaining to the proceedings dated 17.08.2004 made in Na.Ka.No.2938/E/2002 passed by the respondent and quash the same consequently direct the respondent to approve the list of membership submitted by the petitioner society by considering the representation dated 31.08.2004 in consonance with section 15 of the Tamilnadu Societies Registration Act R/w. Rule 17 in Form No.VII.

For Petitioner ..

No Appearance For Respondent ..

S. Anandhi Devi (For Mr.S. Duraisamy)

O R D E R

The petitioner has filed this writ petition praying for to issue a writ order or direction specifically in the nature of Writ of certiorarified Mandamus calling for the entire records https://hcservices.ecourts.gov.in/hcservices/

pertaining to the proceedings dated 17.08.2004 made in Na.Ka.No.2938/E/2002 passed by the respondent and quash the same consequently direct the respondent to approve the list of membership submitted by the petitioner society by considering the representation dated 31.08.2004 in consonance with section 15 of the Tamilnadu Societies Registration Act R/w. Rule 17 in Form No.VII.

2. Today, When the matter was taken up for hearing, there is no representation for the petitioner and the learned counsel for the 2nd respondent submitted that the prayer sought for in the writ petition has become infructuous and nothing survives in this writ petition for adjudication.

3. A Perusal of the impugned order dated 17.08.2004 made in Na.Ka.No.2938/E/2002 discloses that the representation dated 13.08.2004 made by the petitioner Sangam for approval of new list of membership was rejected on the ground of defunct, since the petitioner organization itself was defunct by order dated 09.01.2003 wherein it is stated that the renewal of the Sangam will be considered only after convening a General Body Meeting by the Elected Administrative Committee and then the new members should be approved. Further, the impugned order is passed in the year 2004 and after a lapse of nearly thirteen years, this Court do not think that anything would survive in this writ petition for adjudication.

3. Accordingly, this writ petition is dismissed on merit. Connected WPMP is closed Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar lbm To:

The District Registrar, Office of the District Registrar, Erode.

+1cc to the Government Pleader, S.R.No.59930 W.P.No. 26711 of 2004 SKS(CO) GN(07/09/2017) https://hcservices.ecourts.gov.in/hcservices/