Madras High CourtWMP(MD)/24924/2023withdrawn dismissed

P.M.C.Muthuchamy Nadar(Secretary) v. Sankaralingam V

2024-04-17Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Seventeenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice S.S.SUNDAR and The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY WMP(MD)No.24924 of 2023 in WP(MD)No.19595 of 2020 P.M.C.MUTHUCHAMY NADAR(SECRETARY), ... PETITIONER/11th RESPONDENT Vs 1 V.SANKARALINGAM ... 1st RESPONDENT/WRIT PETITIONER 2 THE INSPECTOR GENERAL OF REGISTRATION, SANTHOME HIGH ROAD, CHENNAI.

3 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

4 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

5 THE DISTRICT REGISTRAR OF SOCIETIES, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

6 THE CHIEF EDUCATIONAL OFFICER, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

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7 THE ARUPPUKOTTAI NADARGAL URAVINMURAI PODHU, ABIVIRUTHI TRUST, REP BY ITS SECRETARY, NO.42, BIG BAZAAR STREET, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT 8 THE ELECTION OFFICERS, THE ARUPPUKOTTAI NADARGAL URAVINMURAI PODHU ABIVIRUTHI TRUST, ANUT MARRIAGE HALL, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT 9 RAJAMANIKAM, (SECRETARY) 10 SUDHAKAR, (PRESIDENT) 11 KAMARAJ NADAR, (PRESIDENT) ... RESPONDENTS Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Clarify the administration of the society until new office bearers would be assumed office as elected by the election conducted as per the order passed in WP(MD).No.19595 of 2020 dated 12.09.2023 and thus render justice. Prayer in WP(MD). 19595/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified Mandamus, to call for the records of the 6th respondent trusts election notification published in Malaimalar (Madurai Edition) dated 15.12.2020 by the 7th respondent and quash the same as illegal, arbitrarily, malafide, bias and without Jurisdiction and consequently appoint as Honourable Former Justice of this Honourable Court as administer to administer the educational institutions, the properties of the 6th respondent society and also conduct free and fair election to the 6th respondent society till proper and legally elected office bearers assume charge or any other appropriate writ or order or direction to the respondents. ORDER : This Writ Miscellaneous Petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the 2/4

arguments of Mr.K.K.KANNAN., Advocate for the petitioner and of Mr.A.V.ARUN, Advocate on behalf of the 7th Respondent, the court made the following order:- (Order of the Court was made by S.S.SUNDAR, J.

1. The prayer in this WMP is to clarify the administration of the Society until new Office Bearers assumes office pursuant to the election to be conducted as per the order of this Court dated 12.09.2023 passed in WP(MD)No.19595 of 2020.

2. Heard the learned counsel for the Petitioner and the contesting Respondent.

3. This Court has given sufficient directions for a smooth conduct of election.

4. The learned counsel for the Petitioner now states that this application may be dismissed as withdrawn and he has also made an endorsement in the WMP to that effect. In view of the same, recording the said submission and the endorsement, this WMP is dismissed, as withdrawn.

sd/- 17/04/2024 / TRUE COPY / 03/05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SRCM TO 1 THE INSPECTOR GENERAL OF REGISTRATION, SANTHOME HIGH ROAD, CHENNAI.

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2 THE DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

3 THE SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT.

4 THE DISTRICT REGISTRAR OF SOCIETIES, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

5 THE CHIEF EDUCATIONAL OFFICER, VIRUDHUNAGAR DISTRICT, VIRUDHUNAGAR.

+1 CC to M/s.K.K.KANNAN, Advocate ( SR-4675[I] dated 22/04/2024 ) ORDER IN WMP(MD)No.24924 of 2023 in WP(MD)No.19595 of 2020 Date :17/04/2024 SA/GS/SAR. /03.05.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4