J.Ashok v. The District Registrar(Societies Registration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN J.Ashok S/o.Janarthanan Serving as Secretary, Maduraiyil Sivakasi Nadar's Uravinmurai, Having Office at, No.37, Chitrakara Street, Madurai - 625 001.

... Petitioner Vs.

The District Registrar(Societies Registration), Madurai South, Palace Road, Madurai 625 001.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to take on record the Annual Reports, By law Amendments, and Form - VII for the period 2005- 2006 to 2024-2027 and other related proceedings submitted on behalf of the petitioner Sangam based on the representation dated 05.06.2025 within a time frame as may be fixed by this court. 1/5

For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.S.Shaji Bino Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus to direct the respondent to take on record the Annual Reports, By law Amendments, and Form - VII for the period 2005- 2006 to 2024-2027 and other related proceedings submitted on behalf of the petitioner Sangam based on the representation dated 05.06.2025.

2. It is submitted that the petitioner as a Secretary of Maduraiyil Sivakasi Nadar's Uravinmurai Sangam has submitted various resolutions including amendment to the bylaws and Form VII for the period between 2005-2006 and 2024-2027 which has been received and acknowledged, but no further action has been taken.

3. The learned Special Government Pleader for the respondent submits that there is a writ petition is pending at the behest of one Mr.Ravindran in W.P(MD)No.13698 of 2024. That apart, he also filed a copy of 2/5

communication received from the first respondent, wherein reference is made to an intimation bearing reference No.7 of 2011, dated 27.07.2011. In the said communication, it has been stated that if disputes are pending before Courts, Form VII and other applications submitted for amendment to the bylaws may not be accepted.

4. The powers of the elected body to manage the affairs of the Society cannot be curtailed by the respondents merely cases are pending before the Courts in the absence of any valid orders restraining the respondents from accepting the same. Mere pendency of W.P(MD)No.13698 of 2024 at the behest of one Mr.Ravindran is no excuse for not receiving Form VII.

5. The respondents cannot be remain mute unless ignore the mandate of elected body unless there are orders operating against them from acting in furtherance of the resolution passed to amend bylaws and Form VII filed in accordance with the Rule 17(2) of the Tamil Nadu Society Registration Rules, 1978. If any dispute is pending before any judicial forum, regarding the elections to the office bearers, it is for the concerned party to obtain interim order from the judicial forum.

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6. Therefore, I direct the respondents to accept Form VI and take on record the annual report, bylaws amendments etc., for the period between 2005-2006 and 2024-2027 if the same are otherwise in order.

7. The writ petition stands disposed of. No costs. 16.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To The District Registrar(Societies Registration), Madurai South, Palace Road, Madurai 625 001.

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C.SARAVANAN, J.

sn W.P(MD).No.19357 of 2025 16.07.2025 5/5