BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06/09/2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.(MD)No.11585 of 2010 and M.P.(MD) No. 1 of 2010 K.Abdul Razak .. Petitioner Versus 1.The Registrar of Societies, O/o. District Registrar, Heber Road, Cantonment, Tiruchirappalli - 620 001. 2.Majlis-Ul-Ulama a registered Society, represented by its General Secretary, Khaja Nagar, Tiruchirappalli - 620 020. .. Respondents Prayer This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records on the file of the first respondent in pursuant to the impugned order made by the first respondent dated 05.07.2010 in Form-VII and quash the same and consequently direct the first respondent to file Form-VII submitted by the second respondent. !For Petitioner ... M/s.K.Vadivelu ^For Respondent 1 ... Mr.R.Manoharan Government Advocate :ORDER
Mr.R.Manoharan, the learned Government Advocate takes notice for the first
respondent.
2. With the consent of the learned counsels appearing on either side, the
writ petition itself is taken up for final disposal.
3. The main contention of the learned counsel appearing on behalf the
petitioner is that, the first respondent does not have the power, under Section
36 of the Tamil Nadu Societies Registration Act, 1975, to conduct an enquiry
into the complaint lodged by some of the members, with regard to the list of
members submitted by the petitioner.
4. However, the learned counsel appearing on behalf of the first
respondent had submitted that, based on the complaint received by some of the
members of the second respondent society, an enquiry will be conducted invoking
the powers, under Section 36 of the Tamil Nadu Societies Registration Act, 1975,
after giving sufficient opportunity to the concerned parties and appropriate
orders would be passed, as expeditiously as possible. He had also submitted
that no evil consequence had arisen, due to the impugned order passed by the
first respondent, on 05.07.2010.
5. The learned Government Advocate appearing on behalf of the respondent,
has no objection for such an order being passed by this Court.
6. In view of the submissions made by the learned counsels appearing on
behalf of the petitioner, as well as the learned Government Advocate appearing
for the first respondent, the first respondent is directed to conduct an
enquiry, on the complaint submitted by some of the members of the second
respondent society, and pass appropriate orders thereon, as expeditiously as
possible, not later than three months from the date of receipt of a copy of this
order, after giving sufficient opportunity to the petitioners, as well as other
concerned members of the second respondent society.
The writ petition is disposed of with the above direction. Consequently,
connected miscellaneous petition is closed. No costs.
srm
To
1.The Registrar of Societies,
O/o. District Registrar,
Heber Road, Cantonment,
Tiruchirappalli – 620 001.
2.Majlis-Ul-Ulama
a registered Society,
represented by its General Secretary,
Khaja Nagar,
Tiruchirappalli – 620 020.