John Sathiyanathan.V v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.[MD]Nos.9690 & 9691 of 2021 V.John Sathiyanathan ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Secretary, Registration Department, Fort St. George, Chennai - 9.

2. The Inspector of Registration, Raja Annamalai Puram, Chennai - 28.

3. The Deputy Inspector General of Registration, Integrated Building of Registration Department, TNAU Nagar, Rajagambeeram, Y.Othakadai,Madurai - 17.

4. The District Registrar, (Societies), Mahal Road, Madurai - 1.

5. Church of South Indian Trust Association, CIN No.U93090TN1947NPL000346, No.5, Whites Road, Royapettah,Chennai - 14.

6. The Secretary, Madurai Ramnad Diocesan Management Association, A.V.H. Building I Floor, 162, East Veli Street,Madurai - 1.

7. CSI Madurai Ramnad Diocese, Through its Bishop, AVH Building I Florr, No.162, East Veli Street, Madurai - 1.

... Respondents 1/3

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 to conduct election for 6th respondent Madurai Ramnad Diocesan Management Association, Regn No.8/1962 as per Tamil Nadu Societies Registration Act, 1975 and to stop the election for the 7th respondent unregistered CSI Madurai Ramnad Diocese based on petitioner's representation dated 09.07.2021. For Petitioner : Mr.T.A.Ebenezer For Respondents 1 to 4 : Mr.Veerakathiravan Senior Standing Counsel for Govt., Assisted by Mr.A.K.Manickam Standing Counsel for Government For Respondents 5 to 7 : Mr.Ajmal Khan, Senior Advocate

O R D E R

************ [Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.

2.Heard Mr.T.A.Ebenezer, learned Counsel appearing for the petitioner, Mr.Veerakathiravan, learned Senior Standing Counsel for Government assisted by Mr.A.K.Manickam, learned Standing Counsel for Government appearing for the respondents 1 to 4 and Mr.Ajmal Khan, learned Senior Counsel appearing for respondents 5 to 7. 3.This Writ Petition has been filed praying for a Writ of Mandamus, directing the respondents 1 to 4 to conduct election for 6th respondent Madurai Ramnad Diocesan Management Association, Regn No.8/1962 as per Tamil Nadu Societies Registration Act, 1975 and to stop the election for the 7th respondent unregistered CSI Madurai Ramnad Diocese based on petitioner's representation dated 09.07.2021.

4.This writ petition is thoroughly misconceived and the relief sought for cannot be granted for several reasons. The grievance of the petitioner appears to be that the seventh respondent is an unregistered body and elections have been conducted by the unregistered body and thus, elected / selected persons became members of the management of the sixth respondent which is a registered body.

5.The prayer sought for by the petitioner is clearly against a private association and no Writ of Mandamus as sought for can be issued in this writ petition.

2/3

6.With the above observation, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 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 Secretary, State of Tamil Nadu, Registration Department, Fort St. George, Chennai - 9.

2. The Inspector of Registration, Raja Annamalai Puram, Chennai - 28.

3. The Deputy Inspector General of Registration, Integrated Building of Registration Department, TNAU Nagar, Rajagambeeram,Y.Othakadai, Madurai - 17.

4. The District Registrar, (Societies), Mahal Road, Madurai - 1.

+1 CC to M/s. SPL GP (SR-23728[F] dated 23/07/2021) 22.07.2021 RC (30.07.2021)3P-6C 3/3