Madras High CourtWP(MD)/10975/2017disposed of

R.Annadurai v. The District Registrar

2017-10-23Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10975 of 2017 and WMP(MD).No.8400 of 2017 R.Annadurai .. Petitioner Vs.

1.The District Registrar, Combined Registration office building, St.Marc Street, Johns Higher Secondary School Backside, Palayamkottai, Tirunelveli - 627 002.

2.The Secretary, Viyabarigal Sangam, Main Road,Valliyoor, Tirunelveli - 627 117.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to consider and pass appropriate orders on the representations of the petitioner's dated 17.05.2017, 24.05.2017 and 06.06.2017 relating to issue of rejecting resolution passed by the executive committee and annual general body of the 2nd respondent society relating to the expulsion of members of 2nd respondent society who are also members in other societies, within a time frame fixed by this court. For Petitioner : Mr.B.Saravanan For Respondent -1 : Mr.M.Alagathevan Special Government Pleader For Respondent -2 : Mr.H.Arumugam

ORDER

This writ petition is filed seeking to direct the respondents to consider the representations of the petitioner and pass appropriate orders.

2.The learned counsel appearing for the petitioner would submit that the petitioner is one of the members and also an elected member of the executive committee of the second respondent - Society, which was established to cater the needs of traders in and around Valliyoor town and the same was registered under the Societies Registration Act. The executive committee of the society on 10.04.2017, passed many resolutions, one among them is to https://hcservices.ecourts.gov.in/hcservices/

remove its members who are also members in other societies and the same has also been approved by the General Body. So the petitioner made representations to the first respondent on 17.05.2017, 24.05.2017 and on 06.06.2017, requesting to cancel the above resolution. However, no action has been taken by the first respondent on the representations of the petitioner. Therefore, the petitioner is before this Court seeking appropriate direction to the first respondent.

3.The learned Additional Government Pleader appearing for the first respondent would submit that the representations of the petitioner would be considered on merits within the time stipulated by this Court.

4.Under such circumstances, this Court, without going into the merits of the case of the petitioner, directs the first respondent to consider the representation of the petitioner dated 06.06.2017 on merits and in accordance with law and pass appropriate orders, after affording due opportunity to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above directions, the writ petition is disposed of. No Cost. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Registrar, Combined Registration office building, St.Marc Street, Johns Higher Secondary School Backside, Palayamkottai, Tirunelveli - 627 002.

+1cc to M/S.H.ARUMUGAM, Advocate SR.No.83394 +1cc to M/S.B.SARAVANAN, Advocate SR.No.83245 +1cc to Special Government Pleader, SR.No. 83328 dsk MAS/JC/SAR2:02.11.2017:2P-5C ORDER MADE IN W.P(MD)No.10975 of 2017 23.10.2017 https://hcservices.ecourts.gov.in/hcservices/