Madras High CourtWP(MD)/29673/2023disposed of

Radhakrishnan.N.K v. The Deputy Registrar (Administration)

2023-12-14Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.29673 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.29673 of 2023 AND 1.

W.M.P.(MD)Nos.25599, 25600 & 25602 of 2023 N.K.Radhakrishnan ... Petitioner Vs.

1. The District Registrar(Administration), 1A, Tirupattur Road, Sivagangai.

2. The Chief Educational Officer, Ramanathapuram District.

3. The District Educational Officer, Paramakudi, Ramanathapuram District.

4. The Sourashtra Kalvi Kulu(Regn.No.1/1971), through its Secretary, Paramakudi - 623 717.

5. J.V.Amaranathan, Secretary, Sourashtra Higher Secondary School, Madurai - Rameswaram Road, Paramakudi.

6. N.S.Krishnamurthy, President, Sourashtra Kalvi Kulu, Paramakudi.

... Respondents 1/4

2 W.P.(MD)NO.29673 OF 2023 Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to forbear the 1st respondent from accepting any Form -7 relating to the office bearers of the 4th respondent Society, containing 12 Executive Members alone, excluding 7 Executive Members out of 19 Executive Members of the Society, without having election for same or without the entire 19 office bearers of the society which is mandatory as per the bye law of the 4th respondent society, as it is illegal.

For Petitioner : Mr.R.Suriya Narayanan For R-1 to R-3 : Mr.S.Ra.Ramachandran, Additional Government Pleader.

* * *

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1 to 3.

2. The issue concerns the affairs of the fourth respondent which is a registered society. The apprehension of the petitioner is that even without conducting proper election, a new Form-7 may be presented by the rival parties.

3. The writ Court cannot go into such contentious 2/4

3 W.P.(MD)NO.29673 OF 2023 issues. However, to protect the rights of the petitioner, I direct the first respondent to put the petitioner on notice as and when any Form-7 is received from the rival parties. The first respondent will conduct a summary enquiry and take a call thereafter. The objections that may be raised by the petitioner will be taken into account by the first respondent before taking any final decision. This writ petition stands disposed accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

14.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The District Registrar(Administration), 1A, Tirupattur Road, Sivagangai.

2. The Chief Educational Officer, Ramanathapuram District.

3. The District Educational Officer, Paramakudi, Ramanathapuram District.

3/4

4 W.P.(MD)NO.29673 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.29673 of 2023 14.12.2023 4/4