Parthipan.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)No.18482 of 2023 P.Parthipan ... Petitioner Vs 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Registrar, Department of Registration, Kacheri Road, Kumbakonam, Thanjavur District.

3.P.Selvaraj, newly elected President, 4.R.Ravichandran, newly elected Secretary 5.Nehru @ Murugesan, newly elected Tresurer 6.A.K.P.manoharan, Ex-President 7.K.V.Mathiarasu, Ex-Secretary

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider petitioner's representation dated 09.08.2023 and pass orders restraining in making any entry of the respondents 3 to 5 as President, Secretary and Tresurer in the registrar by them in respect of Kudanthai Sri Parvatha Rajakula Sangam bearing registration No.35/78 situated at No.133, 134 and 135 Thukkampalayam Street, Kumbakonam, Thanjavur District.

For Petitioner :Mr.S.Palanivelayutham For Respondents :Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner is a member of society having certain grievance that the manner in which the election conducted and elected the office bearers has filed an application before the District Registrar of the Society not to register the name of the respondents 3 & 4 as President and Secretary of the respective society has filed this writ petition for a mandamus directing the respondents 1 & 2 to consider the representation of the petitioner.

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3. The petitioner by way of his representation questioning the election which has been conducted in the society.

4. The petitioner can work out his remedy with regard to the election only by way of filing civil suit before the competent civil court. Therefore, this court is not inclined to issue any positive directions to the society to consider the representation of the petitioner on the dispute with regard to the election.

5. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. It is needless to say that the Registrar of the society is expected to regiser the document after ascertaining whether the election has to be conducted properly.

NCC : Yes / No.

Index : Yes / No.

12.09.2023 Internet:Yes am 3/5

To 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Registrar, Department of Registration, Kacheri Road, Kumbakonam, Thanjavur District.

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B.PUGALENDHI, J.

am Order made in 12.09.2023 5/5