R.Senthil Prabu(Deceased), v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Senthil Prabu (deceased) W.P.A.R.R.Vijayasekar (Petitioner has been impleaded vide order dated 21.02.2023) ... Petitioner in W.P.(MD) No.6404 of 2014 W.P.A.R.R.Vijayasekar ... Petitioner in W.P.(MD) No.11500 of 2014 /vs./ 1.The District Registrar (Societies), Round Road, Dindigul 624 001.
2.The Secretary, Hindu Nadargal Uravinmurai Paripalana Sangam, No.15/1/138H, High School Road, Pattiveeranpatti Post, Nilakkottai Taluk, Dindigul District 624 211.
3.The Chairman, Election Committee, Hindu Nadargal Uravinmurai Paripalana Sangam, 1/7
No.15/1/138H, High School Road, Pattiveeranpatti Post, Nilakkottai Taluk, Dindigul District 624 211.
... Respondents in W.P.(MD) No.6404 of 2014 1.The State of Tamil Nadu, represented by its Secretary to Government, Department of Registration, Fort St.George, Chennai 600 009.
2.The District Registrar (Societies), Round Road, Dindigul 624 001.
3.The Secretary, Hindu Nadargal Uravinmurai Paripalana Sangam, No.15/1/138H, High School Road, Pattiveeranpatti Post, Nilakkottai Taluk, Dindigul District 624 211.
... Respondents in W.P.(MD) No.11500 of 2014 PRAYER in W.P.(MD) No.6404 of 2014: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent herein to consider and pass appropriate orders on the representation of the petitioner dated 07.04.2014 in the light of the provisions of Section 36 of Tami Nadu Societies Registration Act 1975.
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PRAYER in W.P.(MD) No.11500 of 2014: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent herein to consider and pas appropriate orders on the representation of the petitioner dated 04.06.2014 in the light of the provisions of section 36 of Tamilnadu Societies Registration Act, 1975 and consequently forward the opinion as per Sec.34-A, of the said Act to the 1st respondent for taking over the management of the sangam namely Hindu Nadargal Uravinmurai Paripalana sangam, situate at No.15/1/138H, High School Road, Pattiveeranpatti Post, Nilakkottai Taluk, Dindigul District-624 211 and appoint a Special Officer therein.
W.P.(MD) No.6404 of 2014:- For Petitioner : Mr.A.Saravanan For R1 : Mr.M.Ramesh Government Advocate For R2 & R3 : M/s.B.Asha W.P.(MD) No.11500 of 2014:- For Petitioner : Mr.A.Saravanan For R1 & R2 : Mr.M.Ramesh Government Advocate For R3 : M/s.B.Asha 3/7
COMMON ORDER W.P.(MD) No.6404 of 2014 has been filed to direct the first respondent to consider and pass appropriate orders on the representation of the petitioner dated 07.04.2014 in the light of the provisions of Section 36 of Tami Nadu Societies Registration Act 1975.
2.W.P.(MD) No.11500 of 2014 has been filed to direct the second respondent to consider and pas appropriate orders on the representation of the petitioner dated 04.06.2014 in the light of the provisions of section 36 of Tamilnadu Societies Registration Act, 1975 and to forward the opinion as per Sec. 34-A, of the said Act to the first respondent for taking over the management of the Sangam, namely, Hindu Nadargal Uravinmurai Paripalana sangum, in No. 15/1/148H, High School Road, Pattiveeranpatti Post, Nilakkottai Taluk, Dindigul District-624 211 and to appoint a Special Officer therein. 3.The averment in the representation is that there was an anomaly in th members list maintained by the association and that the election should not have been conducted based upon the said members list. The first respondent had filed a 4/7
counter, wherein he has specifically stated in paragraph No.10 of the counter that the representation of the petitioner is under active consideration and orders will be passed at the earliest. This counter has been filed as early as in June 2014. 4.Be that as it may, much water has flown, during the pendency of this writ petition, this Court had appointed a Judge (Retd.,) of this Court to conduct election after verifying the members list. Such election has been conducted and also approved by this Court. In view of the further events that had taken place, the Mandamus as prayed for in these writ petitions at this juncture need not be issued. 5.For the reason stated above, the writ petitions are closed. However, there shall be no order as to costs.
Speaking : Yes / No 21.02.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 5/7
To 1.The State of Tamil Nadu, represented by its Secretary to Government, Department of Registration, Fort St.George, Chennai 600 009.
2.The District Registrar (Societies), Round Road, Dindigul 624 001.
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K.KUMARESH BABU, J.
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