Sivakumar v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Sivakumar, S/o.V.Nagarajan, Serving as Secretary, Madurai Aruppukottai Nadar Uravinmurai Mahalir Melnilaipalli Paribalana Sabai, D.No.3, Melathoppu Street, Keeraithurai, Madurai - 625 001.

... Petitioner -vsThe District Registrar, Madurai South, Palace Road, Madurai - 625 001.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to take on record Form-VII and related proceedings filed on behalf of the Petitioner's School Sangam on 10.01.2025, within the period stipulated by this Court. For Petitioner : Mr.N.Sathish Babu

For Respondent : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the respondent to take on record Form-VII and related proceedings filed on behalf of the Petitioner's School Sangam on 10.01.2025.

2. With the consent of both sides, this Writ Petition is disposed of, at the admission stage itself.

3. According to the petitioner, he submitted Form VII, the resolutions passed in the Annual General Body Meeting, the amendment of the bye-laws and other documents to the respondent, requesting him to take the same on file. However, the respondent returned the documents due to pendency of the writ appeals filed by the petitioner. Therefore, the petitioner submitted a representation on 10.01.2025 to the respondent. Since no action has been taken on the said representation, the petitioner has filed the present Writ Petition.

4. Heard both sides.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the respondent herein to consider the petitioner's representation dated 10.01.2025, on its own merits and pass a speaking order in accordance with law, after giving due opportunity to the petitioner as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.

NCC : Yes / No 19.03.2025 Index : Yes / No smn2 To:- The District Registrar, Madurai South, Palace Road, Madurai - 625 001.

VIVEK KUMAR SINGH , J.

smn2 19.03.2025