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2025 DAILYLAW 150141 (MAD)

M.Balaguru v. The Deputy Inspector General of Registration

WP(MD)/18943/2025 · 2025-07-11

C Saravanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD) No. 18943 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No. 18943 of 2025 M.Balaguru ... Petitioner Vs 1. The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai 625 107. 2. The District Registrar (Societies), Madurai South, Madurai. 3. Shanthi Sadhan Welfare Association, (Reg No.57/1997). Represented by its Secretary, Kocadi, Madurai. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to 1 and 2 not to conduct all further proceedings consequent to the election notice, dated 18.06.2025 issued 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18943 of 2025 in respect of the third respondent Shanthi Sadhan Welfare Association (Regn No. 57/1997) Kochadi, Madurai by considering the petitioner’s representation dated 06.07.2025. For petitioner : Mr.K. K. Senthil For respondents : Mr.D.Sasi Kumar Additional Government Pleader for R1 & R2 ***** ORDER Considering the fact that the election of the third respondent is proposed to be held on Sunday i.e., 13.07.2025, this Writ Petition is disposed of at the time of admission after hearing the the learned counsel for the petitioner and learned Additional Government Pleader for the respondents 1 and 2 and after dispensing with the notice to the third respondent, as no adverse orders are proposed to be passed against the third respondent. 2. The petitioner appears to be a member of the third respondent/Association, which is registered under the provisions of the Tamil Nadu Societies Registration Act, 1975. 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18943 of 2025 3. According to the petitioner, the previous election, that was held on 08.01.2023, was not conducted in a proper manner and therefore, the petitioner had given a representation, dated 18.04.2023 to the respondents 1 and 2, in response to which the second respondent had also issued a notice on 21.04.2023 in his proceedings bearing reference in Na.Ka.No.3873/E1/2023. However, the enquiry has not be completed. 4. It is further case of the petitioner that the tenure of the elected body is three years. However, there are attempts to conduct election again on 13.07.2025 in violation of by-laws by inducting non-members. 5. On the other hand, the learned Additional Government Pleader for the respondents 1 and 2 has produced a copy of the instructions received from the second respondent, dated 11.07.2025, bearing reference in Na.Ka.No. 5937/E1/2023, wherein it has been stated as under: “,t;tof;fpy Fwpg;gplg;gl;Ls;s rhe;jprjd; nty;/Ngu; mNrhrpNa\d; (gjpT vz;.57/1997) rq;fkhdJ 2021-22 Kba Mz;lwpf;iffis jhf;fy; nra;J nray;gLk; rq;fkhf cs;sJ. ,e;epiyapy; kDjhuu; Nju;jy; mwptpg;gpy; fz;l midj;J eltbf;iffisAk; jil nra;a Ntz;Lk; vd;w Nfhupf;ifahdJ rq;fg;gjpTr;rl;lj;jpd; fPo; Nju;jy; 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18943 of 2025 eltbf;iffis epWj;jp itf;f rq;fg;gjpthsUf;F mjpfhuk; tiuaWf;fg;glhjjhy; Vw;f ,ayhJ vd;w tpguj;jpid gzpTld; njuptpj;Jf; nfhs;fpNwd;.” 6. Considering the fact that the election has also been announced and is proposed to be held on 13.07.2025, there cannot be any embargo on the same. However, the second respondent may send a observer during the election. 7. Further, the second respondent shall also complete the proceedings initiated pursuant to the petitioner’s aforesaid representation, dated 18.04.2023, in response to which the notice issued on 21.04.2023 within a period of six months from the date of receipt of a copy of this order. 8. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 11.07.2025 Internet : Yes / No apd Note: Issue on 11.07.2025 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18943 of 2025 To 1. The Deputy Inspector General of Registration, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Y.Othakadai, Madurai 625 107. 2. The District Registrar (Societies), Madurai South, Madurai. 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18943 of 2025 C.SARAVANAN, J. apd W.P.(MD) No. 18943 of 2025 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD) No. 18943 of 2025 11.07.2025 7/7 https://www.mhc.tn.gov.in/judis