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2025 DAILYLAW 165741 (MAD)

Badmasaliar Munnetra Sangam v. The District Registrar (Administration)

WP(MD)/29659/2024 · 2025-08-19

C Saravanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.29659 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD)No.29659 of 2024 and W.M.P.(MD)No.25031 of 2024 Badmasaliar Munnetra Sangam, A Registered Society - Regd. No.175/86, 17/22, Appavu Kinatru Lane, Markandasamy Koil Street, Avaniyapuram, Madurai, Represented Through its President, K.A.Krishnan, S/o.Alagarsamy ... Petitioner -vs- 1.The District Registrar (Administration), Madurai (South). 2.R.Jagadeesan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the first respondent in Na.Ka.No.8234/E1/2024 dated 20.11.2024 and quash the same and consequently, to direct the first respondent to accept the annual report for the academic year 2023-2024, submitted on 07.10.2024. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.29659 of 2024 For Petitioner : Mr.K.Muraleedharan For R1 : Mr.S.Kameswaran Government Advocate For R2 : Mr.J.Senthil Kumar ORDER The petitioner has filed this Writ Petition seeking to quash the impugned communication issued by the first respondent, dated 20.11.2024, bearing Reference No.Na.Ka.No.8234/E1/2024, whereby the petitioner has been informed that the returns and other documents of the Society cannot be accepted due to the pendency of O.S.No.114 of 2021 before the District Munsif Court, Madurai Taluk. 2. Relevant portion of the impugned communication reads as follows:- ''ghHit (1) kw;Wk; (3)y; fhZk; fbjq;fspd; top jpU.n[fjPrd; kw;Wk; gyhplkpUe;J nghUspw; Fwpg;gpl;l rq;fj;jpd; 2023-2024k; tUl Mz;lwpf;iffs; NfhHitf;F Vw;ff;$lhJ vd;W Ml;Nrgid nra;ag;gl;Ls;sJ. Nkw;gb fbjq;fspy; jpU.R.n[fjPrd; kw;Wk; gyH khtl;l ePjpkd;wj;jpy; epYitahf cs;s chpikapay; ePjpkd;w tof;F vz;.O.S.No.114/2021-y; gpwg;gpf;fg;gLk; ,Wjpahizapd;gbNa rq;fj;jpd; Mz;lwpf;ifia NfhHitf;F Vw;f Ntz;Lk; vd;W njhptpj;Js;sdH. ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.29659 of 2024 vdNt jpU.n[fjPrd; kw;Wk; gyH kDf;fspd; mbg;gilapy; nghUspw; Fwpg;gpl;l rq;fj;jpd; 2023-2024k; tUl Mz;lwpf;if rptpy; ePjpkd;w tof;fpd; ,Wjpahizapd;gbNa NfhHitf;F Vw;f ,aYk; vd;gjhy; NfhHitf;F Vw;f ,ayhJ ngwg;gl;lthNw mryhf jpUg;gpaDg;gg;gLfpwJ.'' 3. A similar Writ Petition came up for hearing before this Court in W.P.(MD)No.257 of 2022. In that case, the election of a candidate was the subject matter of dispute, and consequently, the first respondent had declined to receive Form VII. This Court, taking note of the Circular issued by the Inspector General of Registration, held as follows:- ''3. It is not in dispute that the private respondents did not hold any rival meeting or election. Though they have filed a civil suit before the jurisdictional civil Court, no interim order has been obtained restraining the second respondent from receiving the documents in question. I can take notice of the fact that the Inspector General of Registration has recently issued a circular directing that the registrars must receive the annual reports and other returns so long as there is no restraint order from the jurisdictional civil Court. In this case, there is no restraint order. The order impugned in this writ petition stands quashed. 4. The second respondent is directed to file the petition mentioned documents. The learned counsel appearing for respondents 3 and 4 submitted that a large number of members were unfortunately removed by the society. I do not want to go into the veracity of the said allegation. Be that as it may, since the civil suit had already been filed, the learned ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.29659 of 2024 District Munsif, Madurai Taluk, is directed to dispose of O.S.No.114 of 2021 on merits and in accordance with law within a period of eight months from the date of receipt of a copy of this order. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.'' 4. The second respondent herein was also a party to the aforementioned Writ Petition. The present dispute pertains to the refusal by the first respondent to receive the Minutes of the Annual General Body Meeting held on 25.09.2024. This Court, in its order dated 29.06.2022 passed in W.P.(MD) No.257 of 2022, has already held that, in the absence of any stay order from the Civil Court, the first respondent cannot refuse to receive the returns filed by the elected members of the Society. It was clearly held that the mere pendency of a civil suit, ipso facto, will not preclude the Society from exercising its legitimate right to file statutory returns within the prescribed time. 5. Accordingly, the Writ Petition stands allowed, in terms of the above observations. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 19.08.2025 ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.29659 of 2024 Index : Yes / No smn2 To:- The District Registrar (Administration), Madurai (South). ____________ https://www.mhc.tn.gov.in/judis W.P.(MD)No.29659 of 2024 C.SARAVANAN , J. smn2 W .P.(MD)No.29659 of 2024 19.08.2025 ____________ https://www.mhc.tn.gov.in/judis