T.Parthiban, v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD) No.9569 of 2019 and W.M.P.(MD) No.7526 of 2019 T.Parthiban ... Petitioner -vs1.The State of Tamil Nadu, Rep. by its Secretary, Department of College Education, Fort St. George, Chennai - 9.

2.The Director of Collegiate Education, O/o. The Director of College Education, E.V.K. Sambath Building, College Road, Chennai.

3.The Joint Director of Collegiate Education, O/o. The Joint Director of Collegiate Education, Sellur Road, Madurai.

4.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

5.The District Registrar, O/o. The District Registrar Office, Periyakulam, Theni District.

6.Kallar Kalvi Kazhagam, Regn. No.138/1967, Rep. by its Secretary, Usilampatti, Madurai District.

7.P.Pandian, President, Kallar Kalvi Kazhagam, Regn. No.138/1967, Usilampatti, Madurai District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the Managing Committee to consider permitting all the members of the 6th Respondent Society to contest in the election conducted to the office bearers of the Managing Committee of the 6th Respondent Society in the interest of public.

For Petitioner :

Mr.K.R.Laxman For Respondents 1 to 5 :

Mr.R.Murugan Additional Government Pleader For 6th Respondent :

Mr.E.V.N.Siva

O R D E R

(Order of the Court was made by N.KIRUBAKARAN, J.) This writ petition has been filed challenging the notification issued by the Administrator, appointed by the earlier orders of this Court to conduct election to Kallar Kalvi Kazhagam.

2. The notification issued by the Administrator, Kallar Kalvi Kazhagam is being challenged on the ground that those who have completed 3 years as members alone are entitled to contest in the election. It is admitted that as per Bye-laws of the Society, only those who have completed three years is eligible to contest the election as office bearers. Clause (2) of terms of election notification is in tune with the Bye-laws of the Society. The grievance of the petitioner is, therefore, not supported by Bye-laws of the Society. Hence, there is nothing to interfere with the impugned notification.

3. In view of the above, this Writ Petition is dismissed. No costs. Consequently, the connected writ miscellaneous petition is dismissed.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary, State of Tamil Nadu, Department of College Education, Fort St. George, Chennai - 9.

2.The Director of Collegiate Education, O/o. The Director of College Education, E.V.K. Sambath Building, College Road, Chennai.

3.The Joint Director of Collegiate Education, O/o. The Joint Director of Collegiate Education, Sellur Road, Madurai.

4.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 028.

5.The District Registrar, O/o. The District Registrar Office, Periyakulam, Theni District.

+1cc to Mr.E.V.N.Siva, Advocate, SR.No.62259 +1cc to M/s.Special Government Pleader,SR.No. 62071 W.P.(MD) No.9569 of 2019 SJ KK/SAR/02.05.2019/ 3P- 8C 22.04.2019