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Madras High CourtWA(MD)/410/2021dismissed

S.Peter Raj v. The Government Of Tamil Nadu

2021-02-23Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI and C.M.P.(MD)Nos.1517, 1518 and 1520 of 2021 S.Peter Raj ... Appellant Vs.

1.The Government of Tamil Nadu, Rep. by its Secretary to Registration Department, Fort St. George, Chennai - 600 009.

2.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

3.The Deputy Inspector General of Registration, Integrated Complex of Registration Department, Rajakampeeram, Othakadai, Madurai - 625 107.

4.The District Collector, Madurai District, Madurai - 625 020.

5.The District Registrar (Administration), Madurai (North), Integrated Complex of Registration Department, Rajakampeeram, Othakadai, Madurai - 625 107.

6.Maria Grace Rural Educational Society, Rep. by its President, Mr.M.Xavier, 4, Thiruvalluvar Street, K.K.Nagar, Madurai - 625 020.

7.Maria Grace Rural Educational Society, Rep. by its Secretary, Mr.A.Antony Raj, 4, Thiruvalluvar Street, K.K.Nagar, Madurai - 625 020.

8.The Superintendent of Police, Tirunelveli District, Tirunelveli - 627 002.

... Respondents 1/3

Prayer : Writ Appeal filed under Clause 15 of the Letter Patent, against the order dated 06.01.2021, passed in W.P.(MD)No.47 of 2021. Prayer in WP(MD). 47/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue any wirt or order or direction more particularly in the nature of writ of Certiorarified Mandamus to call for the records pertaining to the Impugned order Na.Ka.No.3992/E1/2020 dated 15.10.2020 passed by Respondent 5 and quash the same as illegal and consequently directing the Respondents 6 and 7 to allow the Petitioner as a member of the Society and pass such further or other orders as this Honourbale Court may deem fit and proper in the circumstances of the case and thus render justice. For Appellant : Mr.J.David Ganesan For R1, R4 R5& R8 : Mr.K.P.KrishnaDoss Special Government Pleader For R2, R3 : Mr.K.Sathiya Singh Additional Government Pleader * * * * * JUDGEMENT (Judgment of the Court was delivered by M.M.SUNDRESH, J.) The appellant challenged the removal of membership with the private entity. The learned Single Judge rightly held that the remedy available is before the Civil Court.

2.The learned counsel appearing for the appellant submitted that copies of the documents will have to be necessarily furnished. 3.We cannot issue such direction. The remedy open to the appellant lies elsewhere.

4.In view of the above, this Writ Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) SMN2 2/3

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Secretary to Registration Department, Government of Tamil Nadu, Fort St. George, Chennai - 600 009.

2.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

3.The Deputy Inspector General of Registration, Integrated Complex of Registration Department, Rajakampeeram, Othakadai, Madurai - 625 107.

4.The District Collector, Madurai District, Madurai - 625 020.

5.The District Registrar (Administration), Madurai (North), Integrated Complex of Registration Department, Rajakampeeram, Othakadai, Madurai - 625 107.

6.The Superintendent of Police, Tirunelveli District, Tirunelveli - 627 002.

+1 CC to Mr.J.DAVID GANESAN, Advocate (SR-6905[F] dated 24/02/2021) +1 CC to THE SPECIAL GOVERNMENT PLEADER(SR-6946[F] dated 24/02/2021) +1 CC to THE ADDITIONAL GOVERNMENT PLEADER (SR-7211[F] dated 25/02/2021) Order made in W.A.(MD)No.410 of 2021 and C.M.P.(MD)Nos.1517, 1518 and 1520 of 2021 23.02.2021 KUN(CO) SRS (09/03/2021) 3P : 10C 3/3