Yadavarsangam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.5671 of 2017 Yadavar Sangam Paramakudi, Registration No.78 of 2011, Door No.24/2/338A, SPM Colony, Paramakudi, Ramanathapuram District, Represented by its President ... Petitioner Vs 1.The District Collector, Ramanathapuram District.

2.The Tahsildar, Paramakudi, Ramanathapuram District.

3.P.Rajaguru, The Thasildar, Paramakudi, Ramanathapuram District.

4.K.Gopinathan 5.C.Ramu 6.O.Baskaran 7.R.Sekar 1/5

8.R.Ravi 9.M.Kannan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, forbearing the second respondent from compelling the members and office bearers of the petitioner society to conduct fresh election to the petitioner society in violation of Form VII approved by the Registrar of Societies, Sivagangai under Rule 17 of the Tamil Nadu Societies Registration Rules, 1975 before the Expiry of the term of office bearers in April 2018.

For petitioner : Mr.J.Barathan For Respondent : No representation Nos.1 and 2 For Respondent : Mr.M.Thirunavukarasu Nos.4 to 9

ORDER

This writ petition is filed for a writ of mandamus forbearing the second respondent from compelling the members and office bearers of the petitioner society to conduct fresh election to the petitioner society before the expiry of the term of office bearers in April 2018. 2/5

2.The case of the petitioner society is that they have been elected through election, their Form VII has been accepted by the Registrar of Societies and they are entitled to hold the post till April 2018. However, the 2nd respondent Tahsildar compelled them to conduct election before their period is over.

3.The learned Government Advocate submits that the Tahsildar has never compelled the petitioner to conduct election as projected by the petitioner in the writ petition.

4.According to the petitioner their tenure ended in April 2018 and therefore, by recording the above submission of the learned Government Advocate this writ petition is closed as no further order is required to be passed. No costs. Consequently connected miscellaneous petition is closed.

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To 1.The District Collector, Ramanathapuram District.

2.The Tahsildar, Paramakudi, Ramanathapuram District.

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B.PUGALENDHI, J.

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