Palanichamy .C v. The District Registrar, Society Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.Palanichamy ... Petitioner Vs.

1.The District Registrar, Society Registration, No.1, Katcheri Road, Virudhunagar District.

2.V.Annadurai .... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st respondent to conduct an enquiry based on the Rajapalayam Krishnama Rajapalayam Nadar Uravinmurai Society's Executive Committee's resolution dated 09.07.2017 and by considering the petitioner's representation dated 27.03.2023 and pass order within the time stipulated by this Court.

For Petitioner : Mr.I.Robert Chandrakumar For Respondents : Mr.M.Siddharthan, Addl. Govt. Pleader for R1 No Appearance for R2 1/4

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the 1st respondent to conduct an enquiry based on the Rajapalayam Krishnama Rajapalayam Nadar Uravinmurai Society's Executive Committee's resolution dated 09.07.2017 and by considering the petitioner's representation dated 27.03.2023 and pass orders within the time stipulated by this Court.

2. It is the case of the writ petitioner that he is a Member of the Society viz., Krishnama Rajapalayam Nadar Uravinmurai Society. During the period 2014-2017, the then Secretary of the Society viz., V.Annadurai, the second respondent herein, has misappropriated several lakhs of rupees from the Society's fund. After conducting enquiry, the Executive Committee of the said Society, has passed a resolution on 09.07.2017 to remove the 2nd respondent from the post of Secretary and recover the said amount from him. However, there was no action thereafter. Hence, the petitioner along with 19 members submitted a representation to the District Collector, Virudhunagar for taking appropriate action against the 2nd respondent. The same was forwarded to the first respondent. The first respondent through a communication, directed the petitioner to produce the resolution of the Executive Committee. After receiving the same, the first 2/4

respondent has not taken any action against the 2nd respondent. Hence, the petitioner has filed this Writ Petition.

3. Heard the submission of learned counsel for the petitioner and learned Additional Government Pleader appearing for the first respondent and perused the materials available on record. Despite service of notice, there is no representation on behalf of the 2nd respondent either in person or through a counsel.

4. Considering the facts and circumstances of the case, this Court directs the 1st respondent to consider the representation of the petitioner dated 27.03.2023, and pass orders on merits and in accordance with law, after hearing the 2nd respondent, within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

22.10.2024 NCC : Yes/No Index : Yes/No vsm 3/4

N.SATHISH KUMAR , J.

vsm To The District Registrar, Society Registration, No.1, Katcheri Road, Virudhunagar District.

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