Madras High Court
Al.Chidambaram vs The Registrar Of Societies on 18 September, 2015
Author: R.Subbiah
Bench: R.Subbiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.09.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH
W.P.(MD)No.16946 of 2015
AL.CHIDAMBARAM ... Petitioner
Vs.
1 THE REGISTRAR OF SOCIETIES
DISTRICT REGISTRAR OFFICE
MUTHUPATTINAM
KARAIKUDI
SIVAGANGAI DISTRICT.
2 THE JOINT COMMISSIONER
HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD
NO.40, MUTHUSAMY NAGAR
SIVAGANGAI- 630 001
3 THE ELECTION COMMITTEE
MATHUR KOVIL NAGARATHAR POOJAI VAGAIYARA TRUST/
MATHUR NAGARATHAR SOCIETY
MATHUR NAGARATHAR VIDHUTHI
MATHUR, SIVAGANGAI DISTRICT.
4 MATHUR NAGARATHAR SOCIETY
REP BY ITS SECRETARY C.VALLIYAPPAN
MATHUR NAGARATHAR VIDHUTHI
MATHUR, SIVAGANGAI DISTRICT
5 MATHUR KOVIL NAGARATHAR POOJAI VAGAIYARA TRUST
MATHUR NAGARATHAR VIDHUTHI
MATHUR, SIVAGANGAI DISTRICT. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus directing the 1st respondent
to pass orders on the petitioner's representation dated 05.09.2015 within a
time frame fixed by this Hon'ble Court.
!For Petitioner ... Mr.J.Nishabanu
^For Respondents ... Mr.G.MuthuKannan
Government Advocate
for RR-1 & 2
Mr.G.Prabhu Rajadurai
for R-3 to R-5
:ORDER
The writ petition has been filed praying this Court for issuance of a Writ of Mandamus directing the 1st respondent to pass orders on the petitioner's representation dated 05.09.2015 within a time frame fixed by this Court.
2. The case of the petitioner is that he is a member of Mathur Nagarathar Society. The said society was established in the year 1975 with the object to aid and assist the poor and needy and to do other social and cultural works and renovate the temples and to present cultural monuments. The day-to-day affairs of the said society is managed by its working committee, who are elected once in 5 years. In order to maintain the properties of the society, the properties of the society are vested with the trust namely Mathur Kovil Nagarathar Pooja Vagaiyara Trust. There are 191 trustees as on today and these trustees are selected in and around Mathoor. Till 2009, there was no problem in the 4th respondent society. After 2009, the society has become defunct. The act of holding annual general body meeting and submission of accounts to the Registrar had not been done thereafter. All of a sudden, a notification was issued on 26.08.2015 stating that election will be held for the society as well as for the Trust.
3.According to the petitioner, the said election notification is bad in law, since the said society has become defunct from 2009 onwards. The account books etc are not maintained by the Executive members. Asfar as the trust is concerned, the trust members are alone entitled to manage the trust. Therefore, election cannot be conducted, for trust and society together. The trust and society are governed by two different Acts. Conducting a joint election by combining the Mathur Nagarathar Society and Mathur Kovil Nagarathar Pooja Vagaiyara Trust is not legally permissible. Hence, a representation was given by the petitioner to the first respondent on 05.09.2015. Since the first respondent has not considered the said representation, the present writ petition has been filed.
4. On notice, Mr.Prabhu Rajadurai, learned counsel appearing for the respondents 3 to 5 submitted that the first respondent has no jurisdiction to conduct enquiry on the representation made by the petitioner. He further submitted that in case, this Court directs the first respondent to conduct enquiry on the representation made by the petitioner, a direction may be given to the first respondent to give an opportunity of hearing to the 4th and 5th respondents.
5. Considering the submissions made on either side, this Court is constrained to pass the following order:
Without going into the merits of the averments made in the writ petition, this Court directs the first respondent to consider the representation of the petitioner dated 05.09.2015, by giving an opportunity of personal hearing to the petitioner as well as the respondents 3 to 5. The respondents 3 to 5 can raise their objections before the first respondent. The first respondent, after considering the objections raised by the respondents 3 to 5, shall pass appropriate orders on merits and in accordance with law. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
6. The writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions in M.P.(MD).Nos.1 & 2 of 2015 are closed.
To 1 THE REGISTRAR OF SOCIETIES DISTRICT REGISTRAR OFFICE MUTHUPATTINAM KARAIKUDI SIVAGANGAI DISTRICT.
2 THE JOINT COMMISSIONER HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD NO.40, MUTHUSAMY NAGAR SIVAGANGAI- 630 001 3 THE ELECTION COMMITTEE MATHUR KOVIL NAGARATHAR POOJAI VAGAIYARA TRUST/ MATHUR NAGARATHAR SOCIETY MATHUR NAGARATHAR VIDHUTHI MATHUR, SIVAGANGAI DISTRICT.
4 MATHUR NAGARATHAR SOCIETY REP BY ITS SECRETARY C.VALLIYAPPAN MATHUR NAGARATHAR VIDHUTHI MATHUR, SIVAGANGAI DISTRICT 5 MATHUR KOVIL NAGARATHAR POOJAI VAGAIYARA TRUST MATHUR NAGARATHAR VIDHUTHI MATHUR, SIVAGANGAI DISTRICT.
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