P.Sebastian v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Sebastian ... Petitioner versus 1.The Inspector General of Registration, 120, Santhome High Road, Chennai-600 028.

2.The District Registrar, Madurai South, Mahal Road, Madurai-625 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents herein to initiate criminal proceedings upon the Agrini Enclave Houses and Flat Owners Association headed by its president and in accordance with the Tamil Nadu Societies Registration Act, 1/5

1975 based on the representation of the petitioner herein dated 18.06.2016.

For Petitioner : M/s.M.Padmavathy For Respondents : Mr.J.K.Jeya Seelan Government Advocate(Crl.Side)

ORDER

This writ petition is filed directing the respondents herein to initiate criminal proceedings on the President of the Agrini Enclave Houses and Flat Owners Association, in accordance with the Tamil Nadu Societies Registration Act, 1975.

2. Agrini Enclave Houses is located in Andalpuram, Madurai and it is also registered under the Tamil Nadu Societies Registration, Act, 1975. The main objective of the Association is to carry out the maintenance of the enclave and promote the civic amenities of the enclave.

3. The learned counsel for the petitioner submitted that the President of the Association has committed several illegal activities in the election 2/5

process. Therefore, the petitioner made a representation to the first respondent on 18.06.2016 to take criminal action upon the management of the Association for its illegal activities under the Tamil Nadu Societies Registration Act, 1975. But, till date no action has been taken by the first respondent. Hence, the present writ petition is filed.

4. The learned counsel for the petitioner seeks further time to file necessary documents to substantiate his case.

5. The learned Government Advocate appearing for the respondents submitted that the election has been conducted and new office bearers were appointed.

6. Considering the rival submissions made on either side, this Writ Petition is disposed of with a direction to the petitioner to approach the District Registrar/second respondent and give a fresh representation along with relevant documents within a period of four weeks from the date of receipt of a copy of this order and the District Registrar/second respondent 3/5

shall consider the representation, if any, and take appropriate action as per the Tamil Nadu Societies Registration Act, 1975 within a period of eight (8) weeks thereafter. No Costs.

23.02.2023 tta NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To 1.The Inspector General of Registration, 120, Santhome High Road, Chennai-600 028.

2.The District Registrar, Madurai South, Mahal Road, Madurai-625 002.

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B.PUGALENDHI, J.

tta 23.02.2023 5/5