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Madras High CourtWP(MD)/9871/2020allowed

S.Soundarapandian v. The Inspector General Of Registration

2020-09-04Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.9871 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9871 of 2020 and W.M.P.(MD)No.8844 of 2020 S.Soundarapandian ... Petitioner Vs.

1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 4.

2.The District Registrar, O/o.The District Registrar, Madurai South, Madurai.

3.Agrini Enclave Houses and Flats Owners' Association, Rep.by it's President, S.Narayanan, 78, T.P.K.Road, Andalpuram, Madurai - 3.

4.The Election Officer, Agrini Enclave Houses and Flats Owners' Association, 78, T.P.K.Road, Andalpuram, Madurai - 3.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to nominate an observer for holding an election for the executive members and office bearers of the Agrini Enclave Houses and Flats Owners' Association scheduled to be held on 05.09.2020 or any other subsequent date in the light of Section 26(4) of the Tamil Nadu Societies Registration Act, 1975.

For Petitioner : Mr.C.Venkatesh Kumar, for M/S.Ajmal Associates.

For R1 and R2 : Mr.K.Sathiya Singh, Government Advocate For R3 : Mr.K.Sekar https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9871 of 2020

O R D E R

Heard the learned counsel on either side.

2. The writ petitioner wants the second respondent to appoint an observer for holding the election for the executive committee of the petition mentioned Association. Originally, the election was scheduled to be held on 05.09.2020. Now because of the issuance of G.O.(Ms) No.89, dated 16.06.2020, the tenure of the all the committees has been extended till the year end. As and when election is conducted the second respondent can appoint an observer to oversee the process.

3.The learned counsel appearing for the third respondent has no objection for complying with the request of the writ petitioner.

4. Recording the same, the writ petition stands allowed. No costs. As and when, the election is scheduled to be held, the second respondent shall appoint the observer. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) das Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector General of Registration, No.100, Santhome High Road, Chennai - 4.

2.The District Registrar, O/o.The District Registrar, Madurai South, Madurai.

+1 CC to Mr.K. SEKAR, Advocate ( SR-16039[F] dated 07/09/2020 ) +1 CC to SPL GP ( SR-16074[F] dated 07/09/2020 ) W.P.(MD)No.9871 of 2020 and W.M.P.(MD)No.8844 of 2020 04.09.2020 VB (17.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2