Hindu Nadar Uravinmurai v. The Inspector General Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2018 C O R A M THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.14587 of 2018 and W.M.P(MD)No.13145 of 2018 Hindu Nadar Uravinmurai Nilakottai, (Registration No.46 of 2015), Represented by its President, C.Rathinasamy Nadar, Son of Chandrasekaran Nadar Door No.12-1-1A/24, Shanmuga Nagar, Nilakottai-624 208, Dindigul District.
... Petitioner Vs.
1. The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai 600 028.
2. The District Registrar, Dindigul.
3. The Sub-Registrar, Nilakottai.
4. Hindu Nadar Uravinmurai Educational Trust, Represented by its Managing Trustee, A.Suseendran, Son of Arunachalam, (Aged about 71 years), Door No.15-15-16, Mariamman Kovil Street, Nilakottai.
5.A.Suseendran 6.S.P.Pandiyarajan 7.P.R.Suresh Babu 8.N.B.Karumalai Pandiyan 9.Jeyapandian 10.Sathishkumar 11.Ponnusamy Nadar 12.Vivekanandhan 13.Gurumoorthy 14.Annalango 15.Gnanavel 16.A.Meganathan
...Respondents
Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, forbearing the 3rd respondent from registering and releasing the pending document in P.13/2018, dated 19.04.2018 executed by the 8th respondent as Secretary of Nilakottai Hindu Nadar Uravinmurai Periyanayagi Rangasamy Matriculation Higher Secondary School run by the petitioner society in favour of 16th respondent and consequently directing the 3rd respondent to conduct an enquiry as per Rule 55 (c) of the Registration Rules in Registration Act, 1908 with regard to the objections raised by the petitioner society. For Petitioner : Mr.J.Barathan For Respondents 1-3 : Mr.M.Murugan Government Advocate
O R D E R
Heard Mr.J.Barathan, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate, takes notice for the respondents 1 to 3.
2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.The grievance of the petitioner is that the petitioner has submitted a representation seeking to forbear the third 3rd respondent to register and release the pending document in P.13/2018, dated 19.04.2018 executed by the 8th respondent as Secretary of Nilakottai Hindu Nadar Uravinmurai Periyanayagi Rangasamy Matriculation Higher Secondary School run by the petitioner society in favour of 16th respondent and consequently to direct the 3rd respondent to conduct an enquiry, since ho order has been passed so far, the present writ petition has been filed. 4.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner.
It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 5.In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's representation, dated 29.05.
this order. Such an exercise shall be made, after giving notice to the 4th to 16th respondents as well as any other persons, who may be interested in the subject matter.
6.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To
1. The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Pattinapakkam, Chennai 600 028.
2. The District Registrar, Dindigul.
3. The Sub-Registrar, Nilakottai.
+1cc to Mr.T.R.Jeyapalam, Advocate Sr.No.71813 +1cc to Spl.Government Pleader Sr.No. 71686 SJI VB/SKN/RSR4/23.07.2018/3P/6C W.P.(MD)No.14587 of 2018 and W.M.P(MD)No.13145 of 2018 06.07.2018