Madras High CourtWP(MD)/16334/2017disposed of

P.Natarajan, S/O.Pattani Nadar v. The Secretary To Government

2017-11-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.16334 of 2017 P.Natarajan ... Petitioner Vs.

1. The Secretary to Government, Food and Consumer Protection Department, St. George Fort, Chennai - 600 009.

2. The Registrar of Societies, No.100, Santhome High Road, Chennai - 600 028.

3. The District Registrar Thoothukudi.

4. M.Muthukamatchi

5. M.Manokaran ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 1 to 3 to take an immediate action to supersede the society namely, Vilathikulam Hindu Nadar Uravinkumari Sangam, Vilathikulam, Thoothukudi District by appointing a Special Officer to audit the account of the society for the past 7 years and to conduct fair and free election among the members as shown in the Form VI registered lastly with the District Registrar, Thoothukudi, in consideration of the petitioner's representation dated 08.08.2017. For Petitioner : Mr.G.Prabhu Rajadurai For R1 to R3 : Mr.M.Alagathevan, Special Government Pleader For R4 & R5 : Mr.R.Devaraj ****

O R D E R

This writ petition has been filed seeking a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's representation dated 08.08.2017.

2. Heard the learned Counsel on either side.

3. The petitioner, who is the member of Vilathikulam Hindu Nadar Uravinmurai Sangam, is before this Court, alleging that some members of the said Sangam, are misusing their powers and had committed gross irregularities in maintaining the accounts https://hcservices.ecourts.gov.in/hcservices/

as well as misappropriation of funds. In order to prevent the same, the petitioner has submitted a representation dated 08.08.2017 before the official respondents to conduct free and fair election among the members as shown in the Form No.VI and because of their inaction, this present petition came to be filed.

4. The learned Special Government Pleader appearing for the respondents 1 to 3 has submitted that if a reasonable time is granted to them, appropriate orders will be passed on the representation of the petitioner dated 08.08.2017.

5. In view of the above submission and also considering the limited scope of the relief sought for, this Court, without going into the merits of the matter, directs the respondents 1 to 3 to consider the representation of the petitioner dated 08.08.2017 and pass appropriate orders thereon, on its own merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner, respondents 4 and 5 as well as other interested parties, if any.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To:

1. The Secretary to Government, Food and Consumer Protection Department, St. George Fort, Chennai - 600 009.

2. The Registrar of Societies, No.100, Santhome High Road, Chennai - 600 028.

3. The District Registrar Thoothukudi.

+1cc to Mr.G.Prabhu Rajadurai, Advocate Sr.No.87581 +1cc to Mr.R.Devaraj, Advocate Sr.No.87571 +1cc to Spl.Government Pleader Sr.No.87595 RM VB/MR/KKR/SAR3/07/12/2017/2P/7C W.P(MD)No.16334 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 15.11.2017