S. Nagarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ and W.M.P.(MD)No.19326 of 2019 S.Nagarajan : Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The District Registrar, (Registration Department), District Registration Office, Trichy, Trichy District.

3.The Administrative Executive, Tamil Nadu Slum Clearance Board, Palakarai, Trichy.

4. M/s.Srirangam Dr.J.J.Nagar Slum Clearance Board, Residential Welfare Association, Rep. by its Secretary, Reg.No.147/2015, Panchakarai Salai, Srirangam, Trichy District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first and second respondents to conduct enquiry and take appropriate actions against the official bearers of the fourth respondent, based on the petitioner's representations dated 23.01.2019 and 29.07.2019 in accordance with law.

For Petitioner : Mr.S.Saravanakumar For Respondents 1&2 : Mr.M.Murugan, Government Advocate

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus, directing the first and second respondents to conduct enquiry and take appropriate actions against the official bearers of the fourth respondent, based on the petitioner's representations dated 23.01.2019 and 29.07.2019 in accordance with law. 1/3

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first and second respondents.

3. Admittedly, under Section 36 of the Tamil Nadu Societies Registration Act, 1975, majority of the members or one third of the members of the registered Society can make an application to the Registrar for taking action into the financial affairs and management of the Society.

4. In the instant case, the petitioner is a loan applicant. Even though he submits that he is supported by others, none of the other members have signed in any of the application nor any application to the Registrar of the Society. Therefore, the present Writ Petition, as such, is not maintainable. Accordingly, the Writ Petition is dismissed. However, the petitioner is given liberty to approach the Registrar as per the conditions laid down under Section 36 of the Tamil Nadu Societies Registration Act, 1975. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) SML To 1.The District Collector, Trichy District, Trichy.

2.The District Registrar, (Registration Department), District Registration Office, Trichy, Trichy District.

3.The Administrative Executive, Tamil Nadu Slum Clearance Board, Palakarai, Trichy.

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+1 CC to Mr.S.SARAVANA KUMAR, Advocate ( SR-97808[F] dated 13/11/2019 ) +1 CC to SPL GP ( SR-98094[F] dated 13/11/2019 ) Order made in Dated:12.11.2019 MK (28.11.2019) 3P 6C 3/3