Madras High CourtWP(MD)/9500/2016disposed of

R.Christian Johnson Raj v. The Registrar Of Societies

2023-04-21Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.04.2023 CORsAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)Nos.7556 to 7559 of 2016 R.Christian John son Treasurer M/s.Kanyakumari Mavatta Lorry Urimaiyalargal Sangam, No.2/66, Oliginaseri, Nagercoil, Kanyakumari District.

... Petitioner in WP(MD)No.9500 of 2016 M/s.Kanyakumari Mavatta Lorry Urimaiyalargal Sangam, represented by its President, No.2/66, Oliginaseri, Nagercoil, Kanyakumari District ... Petitioner in WP(MD)No.9501 of 2016 Vs 1.The Registrar of Societies, Kanyakumari District @ Nagercoil, Kanyakumari District.

2.P.Kumaresan ... Respondents in both WPs PRAYER: Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of Certiorari calling 1/4

for the records relating to the impugned order passed by the 1st respondent in his proceedings No.31966/A2/2009, dated 18.03.2016 and quash the same as illegal and arbitrary.

For Petitioner : Mr.D.Kirubakaran For Respondent : Mr.J.K.Jeyaseelan, Nos.1 & 2 Government Advocate For Respondent : Mr.S.Xavier Rajini No.3 COMMON ORDER As against the proceedings of dissolution of the petitioner society by the Registrar of Societies, Kanyakumari, these writ petitions are filed.

2.The 1st respondent / the Registrar of Societies, Kanyakumari District, based on the enquiry conducted under Section 36 of the Tamil Nadu Societies Registration Act, 1975 passed an order of dissolution of the petitioner society, which was in existence from the year 1977, that the said society had violated Section 25 of the Act and has also indulged in misuse of society funds.

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3.Perusal of the impugned order shows that it is bereft of the details of the irregularities committed by the society and it is a non speaking order. Therefore, the matter is remitted for fresh consideration to the 1st respondent, who shall provide an opportunity of hearing to the petitioners and shall pass a detailed order within a period of three months from the date of receipt of a copy of this order.

4.With the above direction, these writ petitions are disposed of. No costs. Consequently connected miscellaneous petitions are closed.

21.04.2023 Internet : Yes / No dsk To The Registrar of Societies, Kanyakumari District @ Nagercoil, Kanyakumari District.

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B.PUGALENDHI, J.

dsk WP(MD)Nos.9500 and 21.04.2023 4/4