Madras High CourtWP(MD)/15908/2018disposed of

Latin Catholic Fishermen v. The District Register

2018-07-20Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15908 of 2018 Latin Catholic Fishermen Educational Society through its Secretary Rev.Fr.Laberin Yesu R, ... Petitioner vs.

The District Register of Societies, Marthandam, Kanyakumari District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondent to consider the representation of the petitioner dated 03.10.2017, 11.10.2017 and 28.12.2017 and take the Form-VII submitted on 03.10.2017 in respect of the change of office of the petitioner society for the period from 12.09.2017 to 11.09.2020 and approve the same within the time fixed by this Court. For Petitioner : Mr.H.Arumugam For Respondent : Mr.M.Murugan Government Advocate

O R D E R

Mr.M.Murugan, learned Government Advocate, takes notice for the respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representations dated 03.10.2017, 11.10.2017 and 28.12.2017 seeking to take the Form-VII submitted on 03.10.2017 in respect of the change of office of the petitioner society for the period from 12.09.2017 to 11.09.2020 and approve the same, have not been considered by the respondent till date and therefore, he has filed the present writ petition.

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 the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers https://hcservices.ecourts.gov.in/hcservices/

conferred 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 respondent to consider the petitioner's representations dated 03.10.2017, 11.10.2017 and 28.12.2017 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The District Register of Societies, Marthandam, Kanyakumari District.

+1cc to Mr.H.Arumugam, Advocate SR.No.74399 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.74251 PNN MK/SKN/SAR 4/01.08.2018/2P/4C W.P.(MD) No.15908 of 2018 20.07.2018 https://hcservices.ecourts.gov.in/hcservices/