Virudhfunagar Hindu Nadargal v. Registrar Of Societies,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.181 of 2015 and Writ Petition (MD)No.18853 of 2014 and MP(md)NO.1 to 4/2015 & 1 /2014 Virudhunagar Hindu Nadargal Abiviruthi Panjukadai Mahamai, Virudhunagar, through its Secretary P.C.S.Narayanamurthy, No.238, Railway Feeder Road, Virudhunagar 626 001.

... Petitioner in both W.Ps.

Vs.

Registrar of Societies, Virudhunagar District, Virudhunagar.

... 1st respondent in WP(md)No.181/2015 The Superintendent of police, Virudhunagar District, Virudhunagar.

... 1st respondent in WP(md)No.18853/2015 The Inspector of Police, Virudhunagar West Police Station, Virudhunagar Inner Circle, Virudhunagar.

...2nd respondent in WP(md)NO.181/15 & 18856/2014 V.M.A.R.T.Ramesh ... 3rd Respondents in WP(md)NO.181/15 & 18856/2014 Prayer in W.P(MD)No.181 of 2015: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the memo dated 11.12.2014 on the file of the second respondent herein and to quash the same and directing the second respondent herein to grant adequate police protection to the petitioner Society for conducting the General Body Meeting on all the other dates as and when the General Body Meeting is convened.

Prayer in W.P(MD)No.18853 of 2014: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in Memo in RC.No.05/Ka.AA/14 dated 12.11.2014 on the file of the second respondent herein and to quash the same and direct the respondents 1 and 2 to grant adequate police protection to the petitioner Society to conduct its General Body Meeting on any future date on the representation dated 11.11.2014 made by the petitioner to the respondents 1 and 2.

For Petitioner : Mr.S.Subbiah For Respondents 1&2 : Mr.R.Karthikeyan, (In both W.Ps) Additional Government Pleader.

For 3rd Respondent : Mr.D.Nallathambi

O R D E R

Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the respondents 1 and 2 and the learned counsel for the third respondent. By consent, the writ petitions are taken up for final disposal.

2.The prayer made in the writ petitions is to quash the memos issued by the second respondent, dated 12.11.2014 and 11.12.2014 and to direct the second respondent to grant adequate police protection to the petitioner Society for conducting General Body Meeting. 3.When the matter came up for hearing, learned counsel for the petitioner brought to the notice of this Court to the order dated 11.11.2014 passed in W.P.No.29306 of 2014 by the Principal Bench and submitted that it is pending.

4.The order passed in W.P.No.29306 of 2014 is extracted hereunder:- "Notice of motion returnable by two weeks. Private notice is permitted. Any resolution passed in the meeting will be subject to further orders to be passed in this writ petition".

5.It is further submitted that they have called for General Body meeting on 05.02.2015 and issued notices to all the members including the third respondent herein to participate in the meeting. 6.In view of the above, no further order is required in these writ petitions and hence, the writ petitions are closed observing that any resolution passed in the meeting will be subject to further orders to be passed in the writ petition in W.P.No.29306 of 2014 which is pending before the Principal Bench of this Court. It is needless to state that the police authorities shall give police protection, if necessary. The petitioner will permit the third respondent to participate in the meeting. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar sms To 1.Registrar of Societies, Virudhunagar District, Virudhunagar. 2.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar Inner Circle, Virudhunagar.

3.The Superintendent of police, Virudhunagar District, Virudhunagar.

+2 cc to Mr. Subbiah, Advocate SR Nos.2036&2037 +2 cc to Mr.D.Nallathambi, Advocate SR Nos.2177 &2178 +1cc to Special Government Pleader Sr NO.2225 Writ Petition (MD)No.181 of 2015 and Writ Petition (MD)No.18853 of 2014 19.01.2015 rg.21.01.2015 3p/9c