Madras High CourtWP(MD)/36090/2025disposed of

J.Mathivanan Knus No.3507 v. The District Registrar (Societies Registration)

2025-12-17Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.36090 of 2025 and W.M.P(MD)Nos.28673, 28674 & 28675 of 2025

1. J.Mathivanan

2. C.Madasamy

3. M.Ragubathi

4. T.Madan Mohan

5. R.Ravichandran

6. K.Thangamariyappan

7. I.Paramaraja Paulraj ... Petitioners Vs.

1. The District Registrar (Societies Registration), Palayamkottai, Thirunelveli District.

2. Kovilpatti Nadar Uravinmurai Sangam, (Registration No.S23/1955), Rep by its Secretary, Old No.32, New No.65, Pathrakaliamman Kovil street, Kovilpatti, Tuticorin District.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, Mandamus, directing the 1st respondent to instruct the 2nd respondent to permit the petitioners to participate in the General Body meeting of the 2nd respondent society scheduled to be held on 21.12.2025.

For Petitioner : Mr.V.Panneer Selvam For R1 : Mr.V.Omprakash Government Advocate For R2 : Mr.C.Mayilvahana Rajendran

ORDER

This writ petition has been filed by the members of the respondent society seeking a mandamus to direct the 1st respondent to instruct the 2nd respondent society to permit the petitioner to participate in the General Body Meeting held on 21.12.2025.

2. According to the learned counsel appearing for the petitioners, they have filed a civil suit challenging the election of the present officer bearers of the Society.

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3. Aggrieved over the filing of the said suit, the present officer bearers have issued a show cause notice to them on 13.02.2025 calling upon them to explain why they should not be removed from the membership of the society.

4. The petitioners have submitted their reply on 22.02.2025. After receipt of reply, no resolution has been passed by the respondent society either accepting or rejecting the explanation submitted by the petitioners. However, the petitioners are prevented from attending the General Body Meeting to be convened on 21.12.2025. Hence, the present writ petition.

5. According to the learned counsel appearing for the respondent society, the petitioners explanation was considered and a resolution was passed by majority of the members of the society on 02.03.2025, to cancel the petitioners membership and remove them from the society.

6. In view of the fact that the President of the society was hospitalized and later he passed away, the removal resolution could not be intimated to the petitioners or the Registrar of societies. 3/6

7. According to him, now steps are being taken to intimate the same to the petitioners as well as the Registrar of societies. Therefore, according to him, as on today, the names of the petitioners might have been reflected in the Registrar of members maintained by the Registry office but they have already been removed from the membership by way of a resolution dated 02.03.2025.

8. Heard the learned counsel on either side and perused the materials available on records.

9. The facts narrated above would clearly indicate that there is a serious dispute between the parties, i.e., whether the petitioners have been removed from their membership by way of a resolution dated 02.03.2025 or not.

10. The removal from the membership of the society has to be, adjudicated upon only by a competent Civil Court. In case, if the removal from the membership is intimated by the society to the 1st respondent, the 1st respondent after hearing the petitioners shall take a call on the said 4/6

issue. The petitioners are also at liberty to approach the 1st respondent challenging the resolution dated 02.03.2025.

11. With the said observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 17.12.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

R.VIJAYAKUMAR , J.

rgm To

1. The District Registrar (Societies Registration), Palayamkottai, Thirunelveli District.

2. Kovilpatti Nadar Uravinmurai Sangam, (Registration No.S23/1955), Rep by its Secretary, Old No.32, New No.65, Pathrakaliamman Kovil street, Kovilpatti, Tuticorin District.

W.P.(MD).No.36090 of 2025 and W.M.P(MD)Nos.28673, 28674 & 28675 of 2025 17.12.2025 6/6