Madras High CourtWP(MD)/26111/2019dismissed

Vijayakumar v. The District Registrar

2019-12-09Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P.(MD) No.26111 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.(MD) No.26111 of 2019 Vijayakumar Petitioner Vs

1. The District Registrar, Societies Registration, Office of the District Registrar, Dindigul.

2. V.A.Murugappa, S/o.Mariappan, President, Dindigul Nadaga Nadigar Sangam, M.G.R.Nagar, Artist Colony, Siluvathur Road, Dindigul East Taluk, Dindigul .

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent not to take on file the Form No.VII, submitted by the second respondent with regard to petitioner's Society namely Dindigul Nadaga Nadigar Sangam, Dindigul, till the disposal of the Civil Suit in O.S.No.353 of 2019, on the file of the Principal District Munsif Court, Dindigul, by considering the petitioner's representation dated 07.11.2019.

For Petitioner : Ms. K.Vidya For Respondents : For R1 - Mr.M.Murugan Government Advocate

O R D E R

This Writ Petition is filed by the petitioner directing the first respondent not to take on file the Form No.VII, submitted by the second respondent with regard to petitioner's Society namely Dindigul Nadaga Nadigar Sangam, Dindigul, till the disposal of the Civil Suit in O.S.No.353 of 2019, on the file of the Principal District Munsif Court, Dindigul, declaring that Election Notification dated 15.09.2019 is null and void, by considering the petitioner's representation dated 07.11.2019.

2. As far as the Civil Suit in O.S.No.353 of 2019 is concerned, though originally, there was an order of injunction granted, subsequently at the instance of the respondents, the same https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.26111 of 2019 was vacated. It is stated that during the year 2017, there was some difference of opinion arose amongst the petitioner and their officer bearers including the second respondent President. While so, the election Notification dated 15.09.2019 was issued by the second respondent. The allegation of the petitioner is that the second respondent and some of their office bearers colluded with each other and created forged documents as if General body meeting was convened and they were trying to present Form VII before the first respondent for registration.

3. The learned Government Pleader upon notice stated that as per the Gazette Notification dated 23.01.2013, the petitioner's Society namely Dindigul Nadaga Nadigar Sangam, Dindigul, having Registration No.170/1968 came under the category of unregistered association from 2013, as per Section 44(3) of Tamil Nadu Association Registration Act 1975. It is further stated that as mentioned in the Writ petition there is no such Form VII received by the first respondent from the second respondent. Therefore there is no question of first respondent taking any Form VII application by the second respondent with regard to the petitioner's society.

4. In view of the above, there is no merits found in this Writ petition and accordingly the same is dismissed. No costs. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Vrn TO The District Registrar, Societies Registration, Office of the District Registrar, Dindigul.

+1 CC to MR.K.VIDYA, Advocate ( SR-104116[F] dated 10/12/2019 ) +1 CC to SPL GP ( SR-104201[F] dated 10/12/2019 ) W.P.(MD) No.26111 of 2019 09.12.2019 KM/(31.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2