S.Thiyagarajan v. The District Registrar (Society)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.36811 of 2025 and WMP. No.41181 of 2025 S.Thiyagarajan ... petitioner -Vs1. The District Registrar (Society) Namakkal District, Namakkal.

2. The Paramathi Velur Taluk Lorry Owners Association, Rep. By its President, No.142/5, Thiruchengodu Taluk, Paramathi, Namakkal District.

3. Arul

4. S.P.Periyasamy

5. K.Ganesan

6. R.Selvaraj

7. Cibibalu

8. P.Thiyagarajan

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India, for

issuance of Writs of Mandamus directing the first respondent to declare the election of the office bearers of the second respondent held on 07.09.2025 is illegal and consequently direct the first respondent to appoint an election officer to conduct the election as per the by-law of the second respondent by dispose the representation dated 11.09.2025 within the time fixed by this Court. For petitioner : Mr. B.Manoharan For Respondent : Mr.Stalin Abimanyu, AGP R1

O R D E R

This petition has been filed seeking a direction to the first respondent to declare the election of the office bearers of the second respondent held on 07.09.2025 is illegal and consequently direct the first respondent to appoint an election officer to conduct the election as per the by-law of the second respondent by dispose the representation dated 11.09.2025 within the time fixed by this Court.

2. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider the representation and pass appropriate orders on the petitioners representation within the reasonable time as fixed by this Court.

3. The learned Additional Government Pleader submitted that the prayer sought for by the petitioner is disputed question of fact and the first respondent has no power to decide the issue.

4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case and considering the limited request sought for by the petitioner, this Court directs the petitioner to approach the competent civil Court to resolve the dispute as the first respondent has no power to decide the issue and this Court also cannot be decided under Article 226 of Constitution India.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 24.09.2025 rli M.DHANDAPANI, J.

rli

To

1. The District Registrar (Society) Namakkal District, Namakkal.

W.P.No.36811 of 2025 24.09.2025