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2026 DAILYLAW 46594 (MAD)

A.K.Rajaduraivelpandian v. The Inspector General of Registration

WP(MD)/18941/2026 · 2026-07-07

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.18941 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.18941 of 2026 A.K.Rajaduraivelpandian ... Petitioner Vs 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028. 2.The District Registrar (Societies), Madurai South, Integrated Registration Office Campus, Thirumohoor Road, Othakadai, Madurai - 625 107. 3.Nadar Mahajana Sangam, (Reg No.1/1918), Represented by its General Secretary, G.Karikolraj, No.2, South Chithirai Street, Madurai – 625 001, Now at NMS.Sa.Vellaichany Nadar College Campus, Nagamalai Pudukottai. 4.G.Karikolraj ... Respondents 1/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.18941 of 2026 PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Declaration, declaring that the amended provisions, Rule 11(11)(4) of the Bylaws of the Nadar Mahajana Sangam (Registration No. 1/1918), is void ab initio and contrary to Section 12(3) of the Tamilnadu Societies Registration Act, 1975 and consequently direct the second respondent to remove the fourth respondent from the post of General Secretary of the third respondent and initiate appropriate steps to fill up the gap in accordance with law for the post of General Secretary of the third respondent in accordance with law. For Petitioner : Mr.S.Kadarkarai For Respondents : Mr.R.Ramasamy (R1 & R2) Counsel for State : Mr.N.Dilip Kumar (R3) : Mr.J.Ashok (R4) ORDER The present Writ Petition has been filed seeking the issuance of a Writ of Declaration declaring that Rule 11(11)(4) of the amended Bye-laws of the Nadar Mahajana Sangam (Registration No.1/1918) is void ab initio as 2/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.18941 of 2026 being contrary to Section 12(3) of the Tamil Nadu Societies Registration Act, 1975, and consequently directing the second respondent to remove the fourth respondent from the post of General Secretary of the third respondent Sangam and to initiate appropriate steps to fill up the said post in accordance with law. 2.The learned counsel appearing for the petitioner submitted that the petitioner is a General Body Member of the third respondent Sangam, which is a Society registered under the provisions of the Tamil Nadu Societies Registration Act, 1975. It is his contention that the third respondent has amended its Bye-laws in violation of Section 12(3) of the said Act. It is further submitted that the fourth respondent has continued to hold the office of General Secretary beyond the tenure prescribed under the Bye-laws. Aggrieved by the said action, the petitioner has filed the present Writ Petition seeking the aforesaid relief. 3/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.18941 of 2026 3.The learned counsel for the petitioner further submitted that the continuance of the fourth respondent as General Secretary is contrary to the Bye-laws governing the Society and, therefore, the same is liable to be interfered with by this Court. Hence, he prayed for appropriate orders. 4.Per contra, the learned counsel appearing for the third respondent submitted that the petitioner had earlier approached this Court by filing W.P(MD)No.22585 of 2025 seeking substantially the very same relief. The said Writ Petition was dismissed as infructuous by order dated 21.08.2025, while granting liberty to the petitioner to challenge the election and its result before the appropriate forum. It is further submitted that one S. Jeyaram has also instituted a suit in O.S.No.424 of 2025 on the file of the District Munsif Court, Madurai, in respect of the very same dispute and that the said suit is pending adjudication. 5.Heard the learned counsel appearing on either side and perused the materials available on record. 4/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.18941 of 2026 6.On a consideration of the rival submissions and the materials placed before this Court, it is evident that the dispute essentially relates to the validity of the amendment to the Bye-laws of the third respondent Society and the continuance of the fourth respondent as its General Secretary. Such disputes involve adjudication of disputed questions of fact and the interpretation and validity of the Bye-laws of a registered Society. It is well settled that a Society is competent to amend its Bye-laws in accordance with the provisions of the Tamil Nadu Societies Registration Act, 1975 and its registered Bye-laws. If any member is aggrieved by such amendment or by any action taken pursuant thereto, the appropriate remedy is to approach the competent Civil Court. Such disputes cannot ordinarily be adjudicated in proceedings under Article 226 of the Constitution of India. 7.In the light of the above, this Court is of the view that the relief sought for by the petitioner in the present Writ Petition is not maintainable. 5/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.18941 of 2026 8.Accordingly, the Writ Petition stands dismissed. However, liberty is granted to the petitioner to work out his remedy before the competent Civil Court, if so advised. No costs. 07.07.2026 NCC : Yes / No Index : Yes / No ps 6/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.18941 of 2026 To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028. 2.The District Registrar (Societies), Madurai South, Integrated Registration Office Campus, Thirumohoor Road, Othakadai, Madurai - 625 107. 3.Nadar Mahajana Sangam, (Reg No.1/1918), Represented by its General Secretary, G.Karikolraj, No.2, South Chithirai Street, Madurai – 625 001, Now at NMS.Sa.Vellaichany Nadar College Campus, Nagamalai Pudukottai. 7/8 https://www.mhc.tn.gov.in/judis W.P(MD)No.18941 of 2026 M.DHANDAPANI, J. ps W.P(MD)No.18941 of 2026 07.07.2026 8/8 https://www.mhc.tn.gov.in/judis