Sankaranarayanamuthu v. The District Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.01.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD) Nos.24220 and 791 of 2017 and 21370 of 2015 Sankaranarayanamuthu ...
Petitioner in all W.Ps.
Vs.
The District Registrar, Office of the District Registrar, Kokkirakulam, Palayamkottai, Tirunelveli District.
The President, Akila India Nagai Thozhilalargal Sangam, Registration No.52/77, Santhankulam, Tuticorin District.
The Secretary, Akila India Nagai Thozhilalargal Sangam, Registration No.52/77, Santhankulam, Tuticorin District.
... Respondents 1 to 3 in W.P(MD)Nos.
24220, 791/2017 & 21370/15 The Inspector of Police, Santhankulam Police Station, Santhankulam, Tuticorin District.
... 4th respondent in W.P(MD)Nos.
24220 & 791/2017 WP(MD)Nos.24220 and 791 of 2017 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to pass appropriate orders against the respondents 2 and 3 pertaining to conduct of General Body Meeting of Akila India Nagai Thozhilar Sangam at Santhankulam, Tuticorin District which intent to conduct without issuing any notice to the Executive Committee Members and direct the fourth respondent to give adequate protection to the petitioner.
WP(MD)No.21370 of 2015 filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent to consider the petitioner's representation dated 07.10.2015 and conduct an inquiry as per the Tamil Nadu Society Registration Act, 1975.
For Petitioner : Mr.T.Vadivelan (all writ petitions) For R1 & R4 WP(MD)No.24220 of 2017 and For R1 WP(MD)No.791/15 & 21370/17: Mr.M.Rajarajan Government Advocate For R2 & R3 : Mr.P.Pethurajesh WP(MD)No.21370/15 COMMON ORDER WP(MD)Nos.24220 and 791 of 2017 have been filed seeking direction to the first respondent to pass appropriate orders against the respondents 2 and 3 pertaining to conduct General Body Meeting of Akila India Nagai Thozhilar Sangam at Santhankulam, Tuticorin District, which intent to conduct without issuing any notice to the Executive Committee Members and direct the fourth respondent to give adequate protection to the petitioner.
WP(MD)No.21370 of 2015 has been filed seeking a direction to the respondents to consider the petitioner's representation dated 07.10.2015 and conduct inquiry as per the Tamil Nadu Societies Registration Act, 1975.
2.According to the petitioner, the second and third respondents, who are the President and Secretary of Akila India Nagai Thozhilalargal Sangam, without issuing notice to the petitioner, proposed to conduct General Body Meeting for the above Sangam illegally and they have also filed Form-VII before the first respondent. In the above circumstances, the petitioner has made a representation dated 07.10.2015 to the first respondent to take action against the respondents 2 and 3 for not following the procedures contemplated under the Tamil Nadu Societies Registration Act, 1975.
3.Today, when the matter was taken up for hearing, the learned counsel appearing for the respondents 2 and 3 in WP(MD) No.21370 of 2015 has filed a memo withdrawing his appearance. The memo is recorded. However, notice to the respondents 2 and 3 is dispensed with, as no adverse order is going to be passed against them.
4.The learned counsel appearing for the petitioner fairly submitted that already General Body Meeting is over for this year. Further he submitted that despite General Body Meeting is over, no election was conducted and no Form VII was submitted by the respondents 2 and 3. Hence, the petitioner's representation may be directed to be considered by the first respondent. 5.In the above circumstances, the first respondent is directed to consider the representation of the petitioner dated
07.10.2015 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the concerned parties as per the Tamil Nadu Societies Registration Act, 1975. 6.With the above direction, these Writ Petitions are disposed of. No costs.
Sd/- Assistant Registrar(Protocol) /True Copy/ Sub Assistant Registrar To 1.The District Registrar, Office of the District Registrar, Kokkirakulam, Palayamkottai, Tirunelveli District.
2.The Inspector of Police, Sathankulam Police Station, Sathankulam, Tuticorin District.
+1CC to Mr.T.Vadivelan, Advocate, SR.No. 42697 +1CC to the Special Government Pleader SR.No.42839 W.P.(MD) Nos.24220 and 791 of 2017 and 21370 of 2015 mj AM/KKR/SAR 1/20.02.2018/3P/5C