Velmuniyandi. V v. The District Registrar Of Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8741 of 2024 and W.M.P(MD)No.7991 of 2024 V.Velmuniyandi ... Petitioner Vs.

1.The District Registrar of Societies, District Registrar Office, Kacheri Road, Virudhunagar, Virudhunagar District.

2.The District Educational Officer, Aruppukottai, Virudhunagar District.

3.The Assistant Elementary Educational Officer, Rediyapatti, Virudhunagar District.

4.T.U.N.S.Vaidhiyalinga Nadar Higher Secondary School.

Tiruchuli, Represented by its Head Master, 5.Hindu Nadar Satriya Vidyasala Primary School, 1/6

Tiruchuli, Represented by its Head Master, 6.Hindu Nadar Uravin Murai Sangam, Tiruchuli, Tiruchuli Taluk, Virudhunagar District, Represented by its Secretary.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the first respondent herein dated 24.01.2024 relating to granting approval of the Form VII submitted by the Hindu Nadar Uravinmurai Sangam Registration No. 84/2000 dated 28.04.20200 Tiruchuli and 4th and 5th respondent school submitted by the 6th respondent and quash the same. For Petitioner : Mr.M.A.Abdul Muthalif For Respondents : Ms.D.Farjana Ghousia Special Government Pleader for R.1 Mr.M.Sarangan Additional Government Pleader for R.2 & R.3 Mr.S.Srinivasa Ragavan for Mr.Pon Ramkumar for R.4 to R.6

ORDER

Heard both sides.

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2.The petitioner challenges the acceptance of Form-VII by the first respondent. The case on hand pertains to the election conducted for electing the members of the executive committee of Hindu Nadar Uravinmurai Sangam, Tiruchuli.

3.The learned counsel appearing for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed for. 4.I am not in a position to consider the contentions for the simple reason that the petitioner and one Selvaganesh have already filed O.S.No. 22 of 2024 on the file of Sub Court, Aruppukkottai questioning the election outcome.

5.The learned counsel appearing for the private respondents draws my attention to the following decisions:

i) 2005 (2) CTC 161 (C.M.S.Evangelical Suvi David Memorial Higher Secondary School Committee & Others Vs The District Registrar Cheranmahadevi, Tirunelveli District & Others) 3/6

ii) 2008-2-L.W.75 (R.Muralidaran & Others Vs The District Registrar, South Madras & Another) iii) 2010 (3) CTC 390 (C.Dharmalingam Vs The District Registrar & Others) The ratio laid down in the decisions is that electoral outcome will have to be challenged only in a duly instituted civil suit. 6.At the same time, I do not want to send the petitioner empty handed. It is well known that by the time when the suits challenging an electoral outcome are taken up for disposal the tenure itself gets over. The suits turn out to be infructuous.

7.The petitioner should not await such a fate. Since the elected body is before me, I direct the respondents 4 to 6 to ensure that all the private defendents in O.S.No.22 of 2024 enter appearance and file their written statements on or before 14.06.2024. The issues shall be framed within ten days thereafter. The trial itself will be conducted and completed and judgment pronounced within a period of four months thereafter. I make it clear that I have not gone into the merits of the matter. Contentions of both the parties are left open. 4/6

8.This writ petition is disposed of with the aforesaid direction. The impugned Form - VII will abide by the outcome of the suit. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

08.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Registrar of Societies, District Registrar Office, Kacheri Road, Virudhunagar, Virudhunagar District.

2.The District Educational Officer, Aruppukottai, Virudhunagar District.

3.The Assistant Elementary Educational Officer, Rediyapatti, Virudhunagar District.

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G.R.SWAMINATHAN,J.

MGA W.P.(MD)No.8741 of 2024 08.04.2024 6/6