K. Surendran v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2015 CORAM :

THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Appeal(MD) No.1273 of 2015 and M.P(MD)No.1 of 2015 K.Surendran ... Appellant Vs.

1.The District Registrar, District Registrar Office, Periyakulam, Theni.

2.The Administrator/Election Officer, Kallar Kalvi Kalagham (138/67), P.M.T.College, Usilampatti.

3.P.Balasubramanian, Secretary, Kallar Kalvi Kalagam, Usilampatti, (Society Registration No.138/1967) Pasumpon Muthuramalinga Thevar College Campus, Usilampatti, Madurai District 625 532 ... Respondents (impleaded R3 vide Hon'ble Court order dated 20.01.2014 in MP(MD)No.3 of 2013) Writ Appeal is filed under Clause 15 of the Letters Patent against the order dated 05.10.2015 made in M.P(MD)No.2 of 2013 in W.P.(MD)No.9223 of 2013.

Prayer in MP(MD)No.2 of 2013 in WP(MD)No.9223 of 2013 : To stay the operation of the order dated 01.06.2013 of the Administrator till the order is set aside.

Prayer in WP(MD)No.9223 of 2013 :

Writ petition is filed under Article 226 of the Constitution of India, praying, this Court to issue a Writ of Certiorarified Mandamus or any other appropriate order calling for records from first and second respondents and quash the order dated 01.06.2013 and direct the Respondents to rectify the order dated 18.05.2015 deleting the rider passed by the second respondent and direct the first respondent https://hcservices.ecourts.gov.in/hcservices/

to add petitioner's name on the list of the member of Kallar Kalvi Kalagham and include petitioner's name in the final voters list of members prepared by the first and second respondent on 01.06.2013 and allow the petitioner to contest and vote in the election conducted by the second respondent for executive committee of Kallar Kalvi Kalagham.

For Appellant : Mr.S.Annaprakash For 1st Respondent : Mr.A.K.Baskarapandian, Special Government Pleader.

JUDGMENT

(Judgment of the Court was delivered by V.

RAMASUBRAMANIAN ,J ) The writ appeal arises out of an interim order passed by a learned Judge in three pending writ petitions refusing to grant a stay of elections to a society registered under the Societies Registration Act, 1975 and which is running and administering various educational institutions.

2.Heard Mr.S.Annaprakash, learned counsel for the appellant as well as Mr.K.Surendran, the appellant himself who is an Advocate. 3.As a matter of fact, two writ appeals arising out of the very same order have already been dismissed by this Bench. Therefore, the same order should follow even in this case. 4.However, it is contended by the appellant that his grievance is only limited to the removal of his name from the voters list. Therefore, while dismissing the writ appeal, we leave it open to the appellant to make a representation to the Administrator, the second respondent herein for the above said claim. No costs. Consequently, M.P(MD)No.1 of 2015 is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Registrar, District Registrar Office, Periyakulam, Theni. 2.The Administrator/Election Officer, Kallar Kalvi Kalagham (138/67), P.M.T.College, Usilampatti, Madurai District - 625 532.

+1cc to Mr.S.Annaprakash, Advocate Sr.No.67590 akm/27.11.2015 /2p-4c/ Writ Appeal(MD) No.1273 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 26.11.2015