M/S.N.M.S.S.Vellaichamy Nadar v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8253 of 2018 M/s.N.M.S.S.Vellaichamy Nadar Kalloori Peravai rep.by its Secretary Nagamalai Pudukottai Madurai-19 ... Petitioner vs.

The District Registrar Madurai (South) No.171, Palace Road Madurai-625 001 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to consider and pass order on the representations of the petitioner, dated 21.07.2015 and 28.07.2016 relating to registering / recording of resolutions passed in the general body of the petitioner Society, dated 28.09.2014 and the audited receipts and expenditure account and balance sheet for the year 2013-2014 and Form VI & VII, apart from the list of members and affidavit within a stipulated time.

For Petitioner :

Mr.B.Saravanan For Respondent :

Mr.M.Murugan Government Advocate

O R D E R

It is the grievance of the petitioner - Society that their representations dated 21.07.2015 and 28.07.2016 seeking to register / record the resolutions passed in the general body meeting held on 28.09.2014 and the audit receipts and expenditure account and balance sheet for the year 2013-2014 and Forms VI & VII, apart from the list of members and affidavits, have not been considered by the respondent till date and therefore, they have filed the present writ petition.

2. This Court has not expressed any of its view with regard to the merits of the representations made by the petitioner - Society.

It is needless to point out that whenever a representation of this nature is made, the respondent is duty bound to consider the same in one way or the other. Nonconsideration of the same would amount to dereliction of his ordinary duties and as such, this Court would be justified in https://hcservices.ecourts.gov.in/hcservices/

invoking its powers conferred under Article 226 of the Constitution of India to direct him to consider the petitioner's representations within a stipulated time.

3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation dated 21.07.2015 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To:

The District Registrar, Madurai (South), No.171, Palace Road, Madurai-625 001.

+1cc to Mr.B.Saravanan, Advocate Sr.No.67003 KRK VB/SKN/RSK/SAR2/11.06.2018/2P/3C W.P.(MD) No.8253 of 2018 05.06.2018 https://hcservices.ecourts.gov.in/hcservices/