Basker v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and WMP(MD) No.16315 of 2024 Basker ... Petitioner Vs

1. The District Registrar, O/o. District Registrar Office, Palayamkottai Registration District, Tirunelveli.

2. T.K.T.Thilagarathinam

3. M.T.M.Thangaraj ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the 1st respondent not to permit to held the General Body Meeting of Kovilpatti Nadar Textiles Traders, Tailors and Traders Clerk Sangam, scheduled to be held on 11.08.2024 at V.S.T.Paulraj Nadar-Chithiraikaniyammal Thirumanamandabam, 3rd Chekkadi Street, Kovilpatti.

For Petitioner : Mr. P.Banuprasath For Respondents : Mr.P.Subburaj (R1) Special Government Pleader 1/5

O R D E R

This Writ Petition has been filed seeking for a direction to the 1st respondent not to permit to held the General Body Meeting of Kovilpatti Nadar Textiles Traders, Tailors and Traders Clerk Sangam, scheduled to be held on 11.08.2024 at V.S.T.Paulraj Nadar-Chithiraikaniyammal Thirumanamandabam, 3rd Chekkadi Street, Kovilpatti.

2.Heard Mr.P.Banuprasath, the learned counsel appearing for the petitioners and Mr.P.Subburaj, learned Special Government Pleader appearing for the respondents. Perused the materials available on record.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4.It is the case of the writ petitioner that the petitioner is a member of Kovilpatti Nadar Textile's Traders, Tailors and Traders Clerk Sangam. They run Hospital under the name of Public Welfare Hospital. The petitioner is actively participated in the association. The respondents 2 & 3 without conducting election and they are conducting General Body meeting, they illegally declared 2/5

themselves as Office bearers of the Sangam. Now they are trying to conduct the General Body Meeting on 11.08.2024 without giving sufficient notice to the members. Hence, this writ petition has been filed. 5.It is the contention of the learned counsel for the petitioner that the respondents 2 and 3 collusively filed writ petition in W.P(MD) No.11725 of 2024, wherein, it is stated that instead of 04.08.2024, the meeting will be conducted on 11.08.2024 and only three agendas mentioned in the notice alone will be discussed in the meeting. Now, taking advantage of the order passed in W.P.(MD) No.11725 of 2024, the respondents 2 & 3 are trying to conduct the meeting on 11.08.2024. 6.

At the outset, this Court is of the view that this writ petition is not maintainable with regard to the matters pertaining to the conduct of Association, Society and Election. The private dispute cannot be converted as a issue in writ Court. If at all any meeting is conducted in violation of rules and orders obtained, the petitioner can very well challenge the same in an appropriate manner in a way of filing a suit. Merely because some orders obtained from this Court, it can not be said that meeting will be valid in the eye of law, if no procedure is not followed.

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7.In view of the above observations, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

09.08.2024 NCC : Yes/No Index : Yes/No PNM To

1. The District Registrar, O/o. District Registrar Office, Palayamkottai Registration District, Tirunelveli.

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N.SATHISH KUMAR , J.

PNM ORDER IN and WMP(MD) No.16315 of 2024 09.08.2024 5/5