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Madras High CourtWP(MD)/18895/2017disposed of

P.Ganesan, v. The Registrar Of Societies

2017-10-11Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.18895 of 2017 P.Ganesan .. Petitioner Vs.

1.The Registrar of Societies, Office of the District Registrar, Tenkasi Registration District, Tirunelveli District.

2.The Deputy Inspector General of Registration, Combined Registration Office, Near John's College Play Ground, Sankar Colony Palayamkottai, Tirunelveli District.

3.The Secretary, Chennikulam Reddyar Samudhaya Nala Sangam, Chennikulam, Karivalamvadanallur Sankarankoil Taluk, Tirunelveli District.

4.Selvaraj 5.Rengasamy .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance a writ of Mandamus, directing the first respondent to dispose of the petitioner's representation dated 23.08.20017 by initiating appropriate legal proceedings under Section 36 read with 46 of Tamil Nadu Societies Registration Act.

For Petitioner : Mr.U.Kasipandian For Respondents : Mr.M.Alaguthenvan Special Government Pleader

ORDER

This writ petition is filed seeking a writ of Mandamus, directing the first respondent to dispose of the petitioner's representation dated 23.08.20017.

2.The learned counsel appearing for the petitioner would submit that the petitioner is one among the fifty members in the third respondent's society and the third and fourth respondents are the President and the Secretary of the society, which is registered with the first respondent. Neither Annual General Body Meeting nor Executive Committee Meeting has been held from the year 2011.As there were illegal activities committed by the fourth and fifth respondents in the society, Peace Committee was convened and it was agreed to have smooth functioning of the society. Since the resolution of the peace committee was violated by the fourth and fifth respondents, the petitioner along with twenty other members sent individual representations on 23.08.

2017 to the first respondent to conduct enquiry and take appropriate action in accordance with Registration of Societies Act and by-laws of the society. However, no action has been taken on the representation by the first respondent. Hence, the petitioner is before this Court, seeking appropriate direction to the first respondent, in respect of his representation.

3.The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered on merits, within the time stipulated. 4.Considering the limited scope of the relief sought, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 23.08.2017 on merits and in accordance with law, after affording due opportunity to the petitioner and also to the interested parties, if any and pass necessary orders within a period of six weeks from the date of receipt of a copy of this order.

5.With the above directions, the writ petition is dismissed. No Cost.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Registrar of Societies, Office of the District Registrar, Tenkasi Registration District, Tirunelveli District.

2.The Deputy Inspector General of Registration, Combined Registration Office, Near John's College Play Ground, Sankar Colony Palayamkottai, Tirunelveli District.

3.The Secretary, Chennikulam Reddyar Samudhaya Nala Sangam, Chennikulam, Karivalamvadanallur Sankarankoil Taluk, Tirunelveli District.

+1cc to Special Government Pleader, SR.No. 82670 +1cc to M/S.U.Kasipandian, Advocate SR.No. 82286 ORDER MADE IN W.P(MD)No.18895 of 2017 11.10.2017 DSK JM/MR KKR/SAR 1/30.10.2017/3P/6C