M.Murugesan v. The District Registrar of

ORDER Heard the learned counsel for the writ petitioners and the learned Additional Government Pleader for the official respondent.

2.The petitioners wanted to become members of the second respondent society. Their request was negatived. Questioning the same, the petitioners moved the first respondent. The first respondent informed the petitioners that he has no role in the matter of inducting members in a registered society. Challenging the same, the present writ petition came to be filed.

3.It is for the society concerned to take a call as to whether to admit a person as a member on its rolls. If the society is acting in contravention of its bylaws and it is unlawfully negativing the request, the aggrieved individual has to necessarily move the jurisdictional Civil Court. Neither the statutory authority nor the Writ Court can play any role in the matter.

4.Granting liberty to the writ petitioners to move the jurisdictional Civil Court, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

05.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The District Registrar of Societies, Virudhunagar.

G.R.SWAMINATHAN, J. ias

05.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.2, 3, and 4 of 2015 1.Murugesan 2.R.Kanagaraj ... Petitioners Vs. 1.The District Registrar of Societies, Virudhunagar. 2.Aruppukottai Devangar Mahajana Sabhai, No.11/1945, 51, Thangasalai Street, Aruppukottai. 3.The President, Aruppukottai Devangar Mahajana Sabhai, Having registration No.11/1945, Aruppukottai. 4.The Secretary, Aruppukottai Devangar Mahajana Sabhai, Having registration No.11/1945, Aruppukottai. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent dated 24.4.2015 in proceedings Na.Ka.1360/I2/2015 quash the same as the same is contrary to Tamil Nadu Societies Registration Act 1975, and consequentially direct the 1st respondent to take necessary action to regulate the mode of election in respect of "The Aruppukottai Devangar Mahajana Sabhai" i.e, the 2nd respondent. For Petitioners : Mr.R.G.Shankar Ganesh For Respondents : Mr.S.RA.Ramachandran, Addl. Government Pleader for R1.