Madras High CourtWP(MD)/14903/2016disposed of

A.Vijayakumar, President v. The Superintendent Of Police

2016-08-12Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14903 of 2016 A.Vijayakumar President NSS Karayogam Krishnankoil Mada Street Krishnankoil Nagercoil Kanyakumari District ... Petitioner -vs1.The Superintendent of Police Office at Nagercoil Kanyakumari District 2.The Inspector of Police Vadaseri Police Station Krishnankoil Nagercoil.

3.The District Registrar (Societies Administration) Kanyakumari District Registrar Office Nagercoil.

4.K.V.Suresh Krishna 5.K.Mohan Nair 6.G.Parameshwaran Nair 7.S.Sreekumaran Nair ... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondents 1 to 3 herein to consider petitioners representation dated 06.08.2016 by conducting enquiry and pass appropriate orders and restrain the Respondents 4 to 7 herein from convening any general body meeting on 14.08.2016 or on any other date under the banner of NSS Karayogam Krishnancoil (Sl.No.72/2016).

For Petitioner : M/s.V.Meenakshi Sundaram For Respondents : Mr.D.Muruganandham Addl. Govt. Pleader

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 3 herein to consider petitioner's representation dated 06.08.2016 by conducting enquiry and pass appropriate orders and restrain the Respondents 4 to 7 herein from convening any general body meeting on 14.08.2016 or on any other date under the banner of NSS Karayogam Krishnancoil (Sl.No.72/2016).

2.Mr.D.Muruganandham, learned Additional Government Pleader, takes notice for the respondents 1 to 3. By consent, the writ petition itself is taken up for final disposal. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3.

4.The learned counsel appearing for the petitioner would submit that the grievance of the petitioner is that NSS Karayogam Krishnankoil is a registered Society under the Tamil Nadu Societies Registration Act and it has been formed by the Nair community people for the welfare of their people. While so, the respondents 4 to 7, issued a notice for general body meeting to be held on 14.08.2016 by using the banner of the petitioner's Society, which is not permissible under the Societies Act. Therefore, a representation has been sent to the respondents 1 to 3 to restrain the respondents 4 to 7 from convening a general body meeting. However, since the said representation has not been considered so far, the petitioner is before this Court with this petition.

5.In view of the above, this Court, without going into the merits and contentions raised, directs the respondents 1 to 3 to consider the representation of the petitioner and pass orders on merits and in accordance with law, as expeditiously as possible. With the above direction, this petition is disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar.

To 1.The Superintendent of Police Office at Nagercoil Kanyakumari District 2.The Inspector of Police Vadaseri Police Station Krishnankoil Nagercoil.

3.The District Registrar (Societies Administration) Kanyakumari District Registrar Office Nagercoil.

+1CC to M/S.D.Nallathambi,Advocate, SR.No. 44059 +1CC to the Special Government Pleader, SR.No. 44430 ORDER MADE IN W.P(MD)No.14903 of 2016 12.08.2016 RR AM/GSV.PM/SAR-AE/17.08.2016/3P/6C (IT)