S.Boopathy v. J.Jeyakumar Joseph

1 W.A.(MD)NO.1377 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.1377 of 2025 AND C.M.P.(MD)Nos.8299 & 8300 of 2025 S.Boopathy, President, Differently Abled Welfare Society(Regn.No.18/2015), 84-A, Swamy Vivekanandar Nagar, Surveyor Colony, Madurai Tamil Nadu - 625 007.

... Appellant / 4th Respondent Vs.

1. J.Jeyakumar Jeseph ... 1st Respondent / Petitioner

2. The District Collector, Madurai District Collectorate, Madurai, Tamil Nadu-625 002.

3. The District Collector, (Registrar for Societies), Maurai North Registration District, Madurai North District Registrar Office, Rajakambeeram, Y.Othakadai, Madurai.

4. The Branch Manager, SIDCO Branch Office, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Industrial Estate, Kappalur, Madurai District.

... Respondents 2 to 4/ Respondents 1 to 3 1/4

2 W.A.(MD)NO.1377 OF 2025 Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to allow the writ appeal and set aside the impugned order dated 04.11.2024 passed in W.P.(MD)No.26250 of 2024. For Appellant : Mr.V.Thirumal For R-1 : Mr.P.Murughadasan For R-2 to R-4 : Mr.D.Sasikumar, Additional Government Pleader.

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J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) Heard the learned counsel on either side.

2. This writ appeal is directed against the order dated 04.11.2024 made in W.P.(MD)No.26250 of 2024.

3. The learned single Judge had directed the District Registrar to consider the writ petitioner's representation and pass appropriate orders in accordance with law.

4. Virtually, the writ petitioner obtained an order for conducting enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975. The learned counsel appearing for the 2/4

3 W.A.(MD)NO.1377 OF 2025 appellant points out that the jurisdiction under Section 36 of the Act can be invoked only if there is an application by a majority of the members of the committee of a registered Society or on the application of not less than one third of the members of that registered Society. Such an order could not have been passed by the learned single Judge at the instance of a solitary member.

5. There is considerable force in this argument. But then, we are unable to accept for the simple reason that the direction of the learned single Judge was complied with vide proceedings in Na.Ka.No.5421/E1/2024 dated 21.02.2025. A copy of the proceedings dated 21.02.2025 has been produced by the learned counsel for the appellant. In these circumstances, we have to close this writ appeal as infructuous. It is for the parties to work their rights in the manner known to law. This writ appeal is closed. No costs. Consequently, connected miscellaneous petitions are closed. (G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 5th June 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.A.(MD)NO.1377 OF 2025 G.R.SWAMINATHAN,J.

AND K.RAJASEKAR, J.

PMU To:

1. The District Collector, Madurai District Collectorate, Madurai, Tamil Nadu-625 002.

2. The District Collector, (Registrar for Societies), Madurai North Registration District, Madurai North District Registrar Office, Rajakambeeram, Y.Othakadai, Madurai.

3. The Branch Manager, SIDCO Branch Office, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Industrial Estate, Kappalur, Madurai District.

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