P.Sivakumar v. The Regional Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and WMP(MD) Nos.16614, 16615 of 2024 P.Sivakumar ... Petitioner Vs
1. The Regional Director, Khadi and Village Industries Commission, Divisional Office, No.10, Bye-Pass Road, Madurai - 625 010.
2. The District Registrar of Societies, Tenkasi District, Tenkasi.
3. The Chairman, Sankarankovil Sarvodaya Sangam, 621, NGOA Colony, Bharathidasan Street, Sankarankovil, Tenkasi District.
4. The President, Tamil Nadu Sarvodaya Sangam, First St, Annapoorna Layout, Gandhinagar, Velampalayam, Tiruppur - 641 603.
5. Radhakrishnan
6. M.Sivavadivelan ... Respondents 1/5
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified mandamus calling for the records pertaining to the impugned resolution no.5 dated 10.07.2024 passed in the general body meeting of the Sankarankovil Sarvodaya Sangam, examine its legality and validity and quash the same and consequently directing the 1st respondent to take appropriate action to ensure the proper functioning of the Sankarankovil Sarvodaya Sangam in accordance with its registered bye-laws and applicable laws.
For Petitioner : Mr. P. Saravanakumar For Respondents : Mr.D.Gandhiraj (R1,R2) Special Government Pleader Mr.B.Prasanavinoth (R4,R6)
O R D E R
This Writ Petition has been filed challenging the impugned resolution no.5, dated 10.07.2024 passed in the general body meeting of the Sankarankovil Sarvodaya Sangam, examine its legality and validity and consequently to direct the 1st respondent to take appropriate action to ensure the proper functioning of the Sankarankovil Sarvodaya Sangam in accordance with its registered bye-laws and applicable laws.
2.Heard Mr.P. Saravanakumar, learned counsel appearing for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader appearing for the 2/5
respondents 1 & 2 and Mr.B.Prasanavinoth, learned counsel appearing for R4,R6.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
4. The grievance of the writ petitioner is that two of the employees, who were originally removed from service for alleged misappropriation of fund were taken back into service based on the impugned resolution passed by the respondent Society. Hence, this writ petition has been filed to quash the same. 5.At the outset, this Court is of the view that the writ petition is not maintainable. If at all any resolution passed by the Society is against the petitioner, the remedy of the petitioner lies elsewhere, not before the writ Court. I find no merits in this writ petition.
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6.Accordingly, this writ petition stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 16.08.2024 NCC : Yes/No Index : Yes/No PNM To
1. The Regional Director, Khadi and Village Industries Commission, Divisional Office, No.10, Bye-Pass Road, Madurai - 625 010.
2. The District Registrar of Societies, Tenkasi District, Tenkasi.
3. The Chairman, Sankarankovil Sarvodaya Sangam, 621, NGOA Colony, Bharathidasan Street, Sankarankovil, Tenkasi District.
4. The President, Tamil Nadu Sarvodaya Sangam, First St, Annapoorna Layout, Gandhinagar, Velampalayam, Tiruppur - 641 603.
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N.SATHISH KUMAR , J.
PNM ORDER IN and WMP(MD) Nos.16614, 16615 of 2024 16.08.2024 5/5