✦ High Court of India · 28 Nov 2025

High Court · 2025

Case Details High Court of India · 28 Nov 2025
Court
High Court of India
Decided
28 Nov 2025
Length
1,031 words

Acts & Sections

W.P.(MD)No.34660 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 28.11.2025CORAM:THE HON'BLE MS.JUSTICE P.T.ASHAW.P.(MD).No.34660 of 2025Badmasaliar Munnetra Sangam,A Registered Society – Regd No.175/86,17/22, AppavuKinatru Lane,Markandasamy Koil Street,Avaniyapuram, Madurai,Represented through its President,K.A.Krishnan... PetitionerVs.1. The District Registrar(ADministration), Madurai (South). 2. R.Jagadeesan ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to accept the annual report for the academic year 2024-2025 submitted on 14.10.2025 and followed by the requisition dated 18.11.2025. For Petitioner: Mr.K.MuraleedharanFor R1: Mr.G.V.Vairam Santhosh Additional Governnment Pleader 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.34660 of 2025 ORDERThe above writ petition has been filed for the following relief:-“Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to accept the annual report for the academic year 2024-2025 submitted on 14.10.2025 and followed by the requisition dated 18.11.2025.”2. Mr.G.V.Vairam Santhosh, learned Additional Government Pleader takes notice on behalf of the 1st respondent 3. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself. Since no adverse order to be passed against the 2nd respondent, notice to the 2nd respondent is dispense with. 4. The brief facts as set out in the affidavit filed in support of the writ petition are as follows:- 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.34660 of 2025 5. The petitioner is a registered society solely established for the upliftment of its community people especially who are socially and educationally backward. There are totally 274 active members in the said society. The petitioner is running a private school for both boys and girls from different community and the total strength of the student is 850. There are totally 45 teaching staff and 15 non-teaching staffs have been appointed in the said school. 6. The petitioner have been conducting the General Body Meeting and the Executive Committee Meeting regularly as per the bye-laws of the society/Tamil Nadu Society Registration Act and the audit report would be submitted to the 1st respondent regularly. While so, in the year 2019, a special meeting was conducted before the regular General Body Meeting to appoint one Sivakamar as temporary Secretary in the place of existing Secretary Pitchai Murugan. Thereafter, pursuant to the regular General Body Meeting, a regular Secretary was appointed. 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.34660 of 2025 7. Aggrieved by the same, the said Sivakumar had filed a complaint before the 1st respondent and based on his complaint, the 1st respondent had directed the petitioner to conduct a fresh General Body Meeting and elect new Executive Committee. Consequent to which, a new General Body Meeting was conducted on 27.12.2020 and new office bearers have been appointed. Thereafter, the petitioner had submitted the annual report to the 1st respondent on 30.12.2020 and the same was also acknowledged on 27.04.2021. 8. At this juncture, the 3rd respondent has given a complaint before the 2nd respondent and based on the complaint, the 2nd respondent had sent a communication to the petitioner, for which the petitioner has also sent a reply. Thereafter, the 2nd respondent has filed a suit in O.S.No.114 of 2021 on the file of the District Munsif Court Madurai Taluk. 9. In this connection, the 1st respondent had returned the Annual Report submitted by the petitioner for the year 2018-2019 and 2019-2020, based on the objections raised by the 2nd respondent.4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.34660 of 2025 10. The petitioner's contention is that the General Body Meeting and the Executive Committee Meeting have been conducted only on the basis of the bye-laws of the society & the Tamil Nadu Society Registration and therefore, the report rejected by the 1st respondent only based on the objections raised by the 2nd respondent is both legally and factually unsustainable and unsound. 11. Aggrieved by the same, the petitioner have filed W.P(MD)No.257 of 2022 before this Court and by an order dated 29.06.2022, the learned Single Judge had quashed the order passed by the 1st respondent and further directed the private respondents to work out their remedy before the Civil Court. 12. The 2nd respondent had thereafter filed several petitions against the petitioner and based upon the same, the 1st respondent erroneously passed orders. Aggrieved by the same, the petitioner has filed W.P(MD)No.22803 of 2023 and the same is pending before this Court. 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.34660 of 2025 13. Since the period of office bearer was about to be expire, the petitioner had challenged the impugned order passed by the 1st respondent dated 20.11.2023 in W.P(MD)No.27886 of 2023 and this Court by an order dated 24.11.2023, allowed the same. 14. Pursuant to the above order, the petitioner had submitted the annual report before the 1st respondent, however, the same was rejected without following the mandatory rules and the circular passed by the IG Registration dated 27.05.2022. Hence, the impugned order of the 1st respondent dated 20.11.2024 was challenged in W.P.(MD)No.29659 of 2024 and the same was allowed by an order dated 19.04.2025.15. Thereafter, the petitioner had conducted a General Body Meeting for the year 2024-2025 and submitted the annual report to the 1st respondent on 14.10.2025. Though the 1st respondent had formally received the same he has failed to register receipt of the same on the ground of non-mentioning of fees and acknowledgment. 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.34660 of 2025 16. Therefore, the petitioner society had sent a communication to the 1st respondent on 18.11.2025, requesting him to collect the filing fee and accept the annual report. However, no action has been taken to date. Hence, the petitioner is before this Court. 17. Heard the learned counsel on either side. 18. Considering the facts and circumstances of the case and taking note of the earlier orders of this Court, the 1st respondent is directed to receive the audit report submitted by the petitioner and thereafter, pass appropriate orders on merits and in accordance with law within a period of two (2) weeks from the date of receipt of a copy of this order. 19. With the above directions, the writ petition stands allowed. No costs. 28.11.2025NCC :yes/NoIndex :yes/NoInternet:yes/Norgm7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.34660 of 2025 P.T.ASHA, J.rgmToThe District Registrar(ADministration),Madurai (South). W.P.(MD).No.34660 of 202528.11.20258/8

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