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Madras High CourtWP(MD)/7121/2022disposed of

Kannan.K v. The Government Of Tamilnadu

2022-07-13Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.5400 of 2022 K.Kannan ... Petitioner Vs 1.The Government of Tamil Nadu, Represented by its Principal Secretary, Commercial Taxes and Registration Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Inspector General of Regsitration, No.100, Santhome High Road, Chennai - 600 028.

3.The Registrar of Societies, Office of District Registrar, Madurai North, Thirumohoor Road, Madurai.

4.Madurai District Cricket Association, Represented by its General Secretary, No.70-71, Alagar Kovil Road, Goripalayam, Madurai - 625 002.

5.Gangaram Singh 1/4

6.Tamil Nadu Cricket Association, Represented by its Secretary, M.A.Chidabaram Stadium, Chepauk, Chennai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent to act on the petitioner's complaint, dated 11.04.2022 and to direct the fourth respondent to act inconsonance with the byelaws of the society and the provisions of Tamil Nadu Societies Registration Act.

For Petitioner : Mr.R.Subramanian For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R.1 to R.3 Mr.G.Ramapandian for R.4 Mr.F.SDeepak for R.5 Mr.C.Seethapathy for R.6

ORDER

Heard the learned counsel on either side.

2. The petitioner was a member of the Madurai District Cricket Association. He got enrolled in the year 2007. Alleging that the election held for electing the office bearers for the fourth respondent Association this year 2/4

was not proper and that the third respondent should not have accepted the Form 7, the petitioner lodged a complaint on 11.04.2022. This writ petition has been filed for directing the third respondent to take action thereon.

3. When the matter was taken up for consideration, the learned counsel appearing for the fourth respondent questioned the membership of the writ petitioner. It is claimed that after issuing show cause notice and getting reply of the writ petitioner, in the general body meeting in the year 2016, the petitioner was removed from the membership. Since the locus standi of the writ petitioner has to be put to challenge, it is not possible to grant any relief in the writ petition.

4. That apart, when the election has already been conducted, if the petitioner is aggrieved, his remedy is elsewhere. Leaving open the petitioner's other rights and remedies, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 13.07.2022 Index : Yes / No Internet : Yes/ No mga 3/4

G.R.SWAMINATHAN, J.

mga To 1.The Principal Secretary, Government of Tamil Nadu, Commercial Taxes and Registration Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Inspector General of Regsitration, No.100, Santhome High Road, Chennai - 600 028.

3.The Registrar of Societies, Office of District Registrar, Madurai North, Thirumohoor Road, Madurai.

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