Fidelis S v. The Inspector General Of Registration (Societies)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Fidelis ... Petitioner -vs1.The Inspector General of Registration (Societies) 100, Santhome High Road Raja Annamalaipuram Chennai-600 028 2.The Director of School Education 17, College Road Nungambakkam Chennai-600 006 3.The District Collector Thoothukudi District Collector Office National High Way 7A Korampallam Thoothukudi District-628 101 4.The District Registrar (Societies) Integrated Building of Registration Department Polpettai Thoothukudi District-628 602

5.The Chief Education Officer Saravana Government Higher Secondary School Campus Thevarpuram Road Thoothukudi District-628 002 6.The Jesuits Madurai Province Maduralaya, Beschi Illam Post Box No.90 Karur Road Dindigul District-624 001 7.St.Francis Xavier Higher Secondary School 97, Great Cotton Road Thoothukudi District-628 001 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to secure "Xaveriana Campus", which was meant for Education Purpose and Welfare of the Downtrodden, which was registered under Societies Act, by considering the representation dated 28.03.2023 consequently directing the respondents to secure the "Xaveriana Campus" and for such other relief within the period stipulated by this Court.

For Petitioner :

Mr.S.Fidelis Party-in-Person For Respondents :

Mr.M.Prakash Additional Government Pleader for R1 & R4 Mr.D.Sadiq Raja Addl. Government Pleader for R2, R3 & R5

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The complaint of the petitioner seems to be that the respondents 6 and 7 are utilising their property for commercial purpose overlooking the fact that it was established as a Boys Hostel for the benefit of the boys belonging to fishermen community.

2. The respondents 6 and 7 do not fall within the definition of the "State" under Article 12 of the Constitution of India. Issuing a writ under Article 226 of the Constitution of India against them would amount to violation of their right protected under Article 300A of the Constitution of India against their property. Hence, we see no reason to entertain this writ petition.

3. Accordingly, the writ petition is dismissed. No costs. [R.S.M., J.] [L.V.G., J.] 05.04.2023 NCC :

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To:

1.The Inspector General of Registration (Societies), 100, Santhome High Road, Raja Annamalaipuram, Chennai-600 028.

2.The Director of School Education, 17, College Road, Nungambakkam, Chennai-600 006.

3.The District Collector, Thoothukudi District Collector Office, National High Way 7A, Korampallam, Thoothukudi District-628 101.

4.The District Registrar (Societies), Integrated Building of Registration Department, Polpettai, Thoothukudi District-628 602.

5.The Chief Education Officer, Saravana Government Higher Secondary School Campus, Thevarpuram Road, Thoothukudi District-628 002.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 05.04.2023