David .C v. The Inspector General Of Regitration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN C.David ... Petitioner vs.

1.The Inspector General of Registration, Chennai.

2.The Deputy Inspector General of Registration, Tirunelveli.

3.The District Collector, Kanyakumari District, Nagercoil.

4.The District Registrar, Kanyakumari District, Nagercoil.

5.The Secretary, Shri Sakthi Vinayakar Car Van Drivers Welfare Association, Near Police Station, Kanyakumari 629 702, Kanyakumari District.

... Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondent Nos. 1 to 4 to conduct enquiry and take stringent action against the 5th respondent society based on the representation dated 08.09.2023. For Petitioner : Mr.A.S.Abul Kalaam Azad For R1 to R4 : Mr.M.Senthil Ayyanar Government Advocate

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 4 to conduct enquiry and take stringent action against the 5th respondent society, based on the representation dated 08.09.2023.

2. According to the petitioner, the fifth respondent has not followed the procedure stipulated under Section 16 of the Act, regarding the accounts, receipts and expenditure accounts, balance sheet and report for the past several years and misappropriated the funds of the society. Hence, the petitioner has submitted a representation to the respondents 1 to 4 on 08.09.2023, seeking to take appropriate action under Sections 34 2/5

and 36 of the Tamil Nadu Societies Act. But there was no action by the respondents 1 to 4. Hence, the petitioner has filed the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2.

4. Considering the above said facts, this Court directs the fourth respondent to conduct enquiry and pass appropriate orders, on the petitioner's representation dated 08.09.2023, on merits and in accordance with law, within a period of sixteen weeks from the date of receipt of a copy of this order. The parties are directed to co-operate with the enquiry.

5. With the above direction, this Writ Petition is disposed of. No costs.

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To 1.The Inspector General of Registration, Chennai.

2.The Deputy Inspector General of Registration, Tirunelveli.

3.The District Collector, Kanyakumari District, Nagercoil.

4.The District Registrar, Kanyakumari District, Nagercoil.

4/5

V.BHAVANI SUBBAROYAN ,J.

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