Madras High CourtWP(MD)/2924/2020disposed of

Tirunelveli Cms-Evangelical Church v. The Dist. Registrar

2020-02-28Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.2924 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.2924 of 2020 Tirunelveli CMC-Evangelical Church, Registered Society No.2/1925-1926 (Cheranmahadevi District Registrar Office), New No.4/1982) Idayankulam, Nanguneri Taluk, Tirunelveli District.

Rep. by its Secretary S.Thomas Walker ... Petitioner Vs.

The District Registrar, Registration of Societies, Cheranmahadevi, Tirunelveli District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider and pass orders on the proposal submitted by the petitioner on 26.11.2019 requesting to take Form VII on the file of respondent which was submitted by the petitioner for the triennium 2019-2022 office bearers.

For Petitioner : Mr.S.Xavier Rajini For Respondent : Mr.V.Anand Government Advocate ******

O R D E R

Mr.V.Anand, learned Government Advocate takes notice on behalf of the respondent.

2. The writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the respondent to consider and pass orders on the proposal submitted by the petitioner on 26.11.2019 requesting to take Form VI on the file of respondent which was submitted by the petitioner for the triennium 2019-2022 office bearers.

3. The petitioner-Society namely, the Tirunelveli CMS https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.2924 of 2020 Evangelical Church, is a registered Society bearing Registration No.2/1925-1926 (Cheranmahadevi District Registrar Office New No.4/1982) dated 03.08.1925. The General Body of the Society comprises of 286 members. The tenure of the Managing Committee is three years. In view of rivalry between two groups in the Managing Committee, the petitioner Society was not able to maintain the schools and churches in a proper manner. Considering the welfare of 52 Churches and 27 Schools in the Society, the members of the petitioner's Society decided to conduct election for the triennium 2019-2022 and requested the Secretary to convene General Body meeting to discuss about the election, vide letter dated 19.10.2018 but the same was returned. On 26.11.2019, the petitioner submitted a representation to take Form VII on file by the respondent. Till date, the respondent has not considered the representation of the petitioner and therefore, the petitioner has approached this Court by way of filing the present writ petition.

4. In view of the above, without expressing any opinion on the merits of the claim made by the petitioner, the respondent is directed to consider the representation of the petitioner dated 26.11.2019 and pass appropriate orders on the same, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

The District Registrar, Registration of Societies, Cheranmahadevi, Tirunelveli District.

+1 CC to M/s.S.XAVIER RAJINI, Advocate (SR-9697[F] dated 03/03/2020) STS TE : 17/03/2020 : 2P/3C Order made in W.P(MD)No.2924 of 2020 Dated:

28.02.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2