Tamil Nadu Arasu Sc/St Anaithu Paniyalargal Nala Sangam v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.17154 of 2024 Tamil Nadu Arasu SC / ST Anaithu Paniyalargal Nala Sangam, Rep. by its State General Secretary, M.Murugananthan ... Petitioner Vs.

1.The District Collector, O/o. District Registrar (Societies Registration), Kanyakumari District at Nagercoil.

2.M.P.Mutharappan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent not to approve either Form VI or Form VII to be submitted by the 2nd respondent in respect of Tamil Nadu Arasu SC / ST Anaithu Paniyalargal Nala Sangam, bearing Registration No.SRG/Kaniyakumari/115/2020. For Petitioner : Mr.M.Saravanakumar For R1 : Mr.P.Subbaraj, Special Government Pleader For R2 : Mr.R.Rajesh 1/4

ORDER

This Writ Petition has been filed, seeking a direction to the 1st respondent not to approve either Form VI or Form VII to be submitted by the 2nd respondent in respect of Tamil Nadu Arasu SC / ST Anaithu Paniyalargal Nala Sangam, bearing Registration No.SRG/Kaniyakumari/115/2020. 2.It is the case of the petitioner that the 2nd respondent was already removed from the petitioner Sangam in the year 2023 itself. However, he has illegally convened a General Meeting on 07.01.2024 and removed the State General Secretary of the Sangam and other office bearers and submitted Form VII with the 1st respondent. The 2nd respondent has also filed a Writ Petition in W.P.(MD)No.4654 of 2024, seeking a direction to the 1st respondent to accept Form VII submitted by him, wherein this Court, vide order dated 29.02.

2024, directed the 1st respondent to conduct an enquiry and take a decision, whether to take Form VII on file or not. Pursuant to the said direction, the 1st respondent conducted a detailed enquiry and held that the meeting conducted by the 2nd respondent is not in accordance with law. Now, the grievance of the petitioner is that the 2nd respondent once again is trying to conduct a meeting on 17.08.2024 and submit Form VI. Hence, the petitioner has filed this Writ Petition with the aforesaid prayer.

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3.The learned counsel appearing for the 2nd respondent would submit that the 2nd respondent has not been removed from the petitioner Sangam. In fact, he is going to file Form VI before the 1st respondent only to make an entry with regard to the nature of the business of the Sangam, based on the resolution taken by the majority of the members.

4.In such view of the matter, this Court is of the view that such things cannot be stalled by mere filing a Writ Petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

27.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To The District Collector, O/o. District Registrar (Societies Registration), Kanyakumari District at Nagercoil.

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N.SATHISH KUMAR, J Yuva 27.08.2024 4/4