Thangaraj.M.T.M v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.8151 of 2022 M.T.M.Thangaraj ... Petitioner Vs.
1.The District Registrar, Office of the District Registrar, Palayamkottai, Tirunelveli District.
2.A.P.K.Palani Selvam, The President, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.
3.S.R.Jayabalan, The Secretary, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.
4.V.Nagarajan, The Advocate Commissioner, Kamaraj International Academy, Kovilpatti, Tuticorin District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to initiate appropriate actions against the 2nd and 3rd respondent who are the office bearers of the Kovilpatti Nadar Uravinmurai Sangam, (Registration No.23/1995) by considering the representation of the petitioner dated 02.06.2022. For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.K.S.Selvaganesan, Addl. Government Pleader for R1 Mr.Sree Charan Rengarajan for Mr.C.Mayilvahana Rajendern for R2 & R3 1/3
ORDER
Heard the learned counsel on either side.
2.The petitioner is a member of the petition mentioned society. He has given a representation before the first respondent making allegations against the incumbent office bearers. Since the first respondent did not pass any order therein, the present writ petition has been filed.
3.The learned counsel for the petitioner relies on Section 36 of the Tamil Nadu Society Registration Act, 1975. Section 36(1) of the Act is as follows:- "Power of Registrar to inquire into the affairs of registered society:- 36. (1) The Registrar may, of his own motion or on the application of a majority of the members of the committee of a registered society or on the application of not less than one-third of the members of that registered society, or, if so moved by the District Collector, hold, or direct some person authorized by the Registrar by order in writing in this behalf to hold, an inquiry, into the constitution, working and financial condition of that registered society."
4.As rightly pointed out by the learned counsel for the second and third respondents, the question of invoking the writ jurisdiction at the instance of the solitary member does not arise at all.
5.The Registrar can of course take action on his own motion. But then, the question of issuing Mandamus does not arise at all. The writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // /07/2022 Sub Assistant Registrar(CS) ias 2/3
To:
The District Registrar, Office of the District Registrar, Palayamkottai, Tirunelveli District.
+1 CC to M/s.C. MAYIL VAHANA RAJENDRAN, Advocate ( SR-27236[F] dated 21/06/2022 ) +1 CC to M/s.K. JEYAMOHAN, Advocate ( SR-27312[F] dated 22/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27448[F] dated 22/06/2022 ) 21.06.2022 nsn(CO) GC(01.07.2022) 3P 5C 3/3