Jebastin Anand v. S.Xavier

W.A.(MD)No.520 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI W.A.(MD)No.520 of 2021 and C.M.P.(MD)No.2276 of 2021 Jebastin Anand ...Appellant/2n Respondent Vs.

1.S.Xavier ...1st Respondent/Petitioner 2.The District Registrar (Societies), St.Marks Street, Combined Registration Department Office Complex, Palayamkottai, Tirunelveli.

...2nd Respondent/1st Respondent 3.South Kallikulam Catholic Christian Nadar Mahamai Sangam (8/1951), Rep. through its President, 17/61, Panimatha Kovil Compound, South Kallikulam, Radhapuram Taluk, Tirunelveli District.

...3rd Respondent/3rd Respondent PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the order dated 02.02.2021 made in W.P.(MD)No.330 of 2021. Prayer in WP(MD). 330/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner representation dated 24.10.2020 and consequently conduct the fair election to the 3rd respondent (i.e., south Kallikulam Catholic Christian Nadar Mahamai Sangam (8/1951) in accordance with the Tamil Nadu Societies Registration Act and Rules within the time frame fixed by this Honourable court .

For Appellant : Mr.R.J.Karthick For Respondents : Mr.K.Mahendran for R.1 Mr.K.Sathiyasingh, Additional Government Pleader for R.2 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A.(MD)No.520 of 2021

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal has been filed by the appellant aggrieved over the order of the learned Single Judge, who has directed the second respondent to conduct the election for the third respondent Society and conclude the same on or before 30.04.2021.

2. When the matter is taken up for hearing today, the learned Counsel appearing for the appellant and the first respondent submitted that the time granted by the learned Single Judge can be extended and the election can be conducted on or before the completion of August, 2021.

3. In view of the above, this writ appeal stands disposed of, directing the second respondent to comply with the order of the learned Single Judge and conduct and conclude the election to the third respondent Society on or before 31.08.2021. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) To The District Registrar (Societies), St.Marks Street, Combined Registration Department Office Complex, Palayamkottai, Tirunelveli.

+1 CC to M/s.R.J.KARTHICK, Advocate ( SR-10720[F] dated 12/03/2021 ) W.A.(MD)No.520 of 2021 11.03.2021 TP(CO) KB(19.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2