Madras High CourtWMP(MD)/8527/2020closed

Shri R.Kannan v. Indira Gandhi College For Women Committee

2021-12-14Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Wednesday, the Thirtieth day of September Two Thousand Twenty PRESENT The Hon`ble Mr.Justice S.S.SUNDAR WMP(MD). No.8527 of 2020 in Rev.Aplc(MD)No.SR.26338 of 2020 and WMP(MD)No.10457 of 2020 and WMP(MD)No.8397 of 2020 in WP(MD)17444 of 2019 Shri R.Kannan

2. Shri.M.S.Ponniah

3. Shri S.Jayakodi

4. Shri K.Sivaraj

5. Shri.B.Rajappa

6. Shri Jothi Raj Rajamani

7. Shri.Mr.S.Madhivanan

8. Shri V.Jayakumar

9. Shri Rajendran

10. Shri M.Nagoorkani

11. Shri R.Ramesh

12. Shri S.Kumar ... Petitioners in WMP(MD). 8527/ 2020 and 10457/2020 Vs 1 Indira Gandhi College For Women Committee (A Society Registered Under T.N.Societies Registration Act) MSL No.

19/1985 A-5 Pasumpon Street Tirunagar-625006 Madurai City Rep by its Secretary G.Mohan 2 The Registrar of Societies Madurai South Palace Road Madurai 3 P.Gopi chandar Mohana Shown as P.Gochandar Mohan 4 Shri Chandurvelan Vadivelu 5 Shri Thangaraj ..Respondents 1 to 5 in WMP(MD). 8527/ 2020 and 10457/2020 6 Shri M.Vallinayagam B.A.,B.L (Court Appointed Officer in Wp Md 17444 of 2019) Sr.Advocate 677 Karpaga Nagar 8th Street K.Pudur Madurai-625 007 ... 6th Respondent in WMP(MD). 8527/2020 1/3

Prayer in in WMP(MD). 8527/ 2020 - This Petition filed under Article 226 of Constitution of India to grant leave the petitioner to filed a review petition in W.P(MD) No.17444 of 2019 dated 26.02.2020 Prayer in in WMP(MD). 10457/ 2020 - This Petition filed under Article 226 of Constitution of India to implead the Petitioners herein as party respondents in WP (MD)17444 of 2019 WMP(MD) No.8397 of 2020

1. P.Gopichandra Mohana, D/o.Ponnusamy, No.3/46c, West Masilamani St, Thirunagar, Madurai

2. Chandurvelan Vadivelu No.20 Vilacheri Road, Thirunagar, Madurai-006 ... Petitioners /Respondents2 &3 - Vs. - 1.Indira Gandhi College For Women Committee, Rep. by its Secretary G.Mohan A-5 Pasumpon St., Thirunagar, Madurai-006 ....1st Respondent/Writ Petitioner 2.The Registrar of Societies Madurai South, Palace Road, Madurai ...2nd Respondent /1st Respondent

3. Thangaraj ... 3rd Respondent/4th Respondent Prayer in WMP(MD). 8397/ 2020 :

This Petition filed under Article 226 of Constitution of India to modify the order dated 26.2.2020 in WP(MD) No.17444 of 2019 by directing the officer of court to conduct election of office bearers of the society, (i.e) Managing Committee (Indira Gandhi College for Women Committee) within a time frame as may be specified by this Honourable Court Prayer in WP(MD). 17444/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Calling for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No.2397/E1/2019, dt.01.7.2019 quash the same. ORDER:- These Petitions coming on for orders on this day and upon perusing the petitions and the affidavits filed in support thereof and upon hearing the arguments of Mr. N.Dilip Kumar, Advocate for the Petitioners in WMP(MD). 8527/ 2020 and 10457/2020 and of Mr.B.Saravanan,Advocate for Petitioners in WMP(MD)8397 of 2020, this Court made the following order:

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After this Court passed an order dated 26.02.2020 appointing Officer of the Court for the purpose of conducting election of Office Bearers of the Society, i.e., Managing Committee (Indira Gandhi College for Women Committee), some third parties, who are not parties and who are interested in modification of the order has filed another Writ Petition or filed impleading petition. The dispute is about the membership list of society. Unless the parties, who are now before the Court, in all these matters, have some consensus about the eligible member who can be permitted to vote, there will be further complication.

2. This Court is of the view that, earlier order of this Court is not workable without further hearing and it is not possible for this Court to give further direction to the Officer of the Court to hold an election without proper modification or clarification of the earlier order.

3. Post this matter after two weeks to find out whether the parties can agree for certain terms for smooth election. It is also open to the parties concerned to move any appropriate application for conducting election.

Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) TO The Registrar of Societies Madurai South Palace Road Madurai ORDER DATED : 30/09/2020 ==========================

ORDER

========================== WMP(MD). No.8527 of 2020 in Rev.Aplc(MD)No.SR.26338 of 2020 and WMP(MD)No.10457 of 2020 and WMP(MD)No.8397 of 2020 in WP(MD)17444 of 2019 Giving direction and etc.

as stated within.

KM(CO) TR(09.10.2020) 3P 2C 3/3