The Madurai Bench of the Madras High Court dismissed a writ petition seeking a directive to amend the Tamil Nadu Societies Registration Act. The Court held that law-making is a legislative function and dismissed the plea citing res judicata based on prior orders.
The writ petition was dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.03.2018
CORAM:
THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
W.P(MD)No.6393 of 2018
P.V.Surendran : Petitioner
Vs.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to make suitable amendments in the Tamil Nadu Societies Registration Act to establish a separate Tribunal to try Election Disputes cases relating to the societies registered under the Tamil Nadu Societies Registration Act, 1975, with provision for appeal or revision before a Senior Judicial Officer in the rank of District Judge, challenging the orders passed by the Election Tribunal.
For Petitioner : Mr.T.R.Subramanian For Respondents : Mr.A.K.Baskarapandian Special Government Pleader
2
O R D E R
***************
[ Order of the Court was made by The Hon'ble Chief Justice]
This writ petition has been filed seeking a writ of Mandamus, directing the respondents to make suitable amendments in the Tamil Nadu Societies Registration Act, 1975, to establish a separate Tribunal to try Election Dispute cases relating to societies registered under the Tamil Nadu Societies Registration Act, 1975.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
3
| To | ||||
|---|---|---|---|---|
| 1. |
The Law St. Che |
Secretary to the Government, Department, George Fort, nnai – 600 009. |
||
| 2. |
The Com St. Che |
Secretary to the Government, mercial Taxes and Registration Department, George Fort, nnai. |
||
| 3. |
The Gov St. Che |
Chief Secretary, ernment of Tamil Nadu, George Fort, nnai – 600 009. |
||
| + 1 + 1 |
cc cc |
TO Mr.T.R.Subramanian , Advocate in SR No. TO The Special Government Pleader in SR No. |
58023 58980 |
|
| NB/ AE/ |
RSB SKN |
RSK/SAR3/12.04.2018/3P/6C | ||
| W.P(MD | ORDER )No.6393 26 |
MADE IN of 2018 .03.2018 |
2 issues framed by the court
Whether the High Court can direct the Legislature to amend an Act to establish a Tribunal.
Whether the present petition is barred by res judicata.
Colour shows how this judgement treated each authority
P.V. Surendran v. The Secretary to the Government, Law Department, St. George Fort, Chennai and anotherReferred¶22
W.P(MD)No.6732 of 2013
K.Chandru,J.Referred¶20
(implicit)
P.V. Surendran
The Secretary to the Government, Law Department
The Secretary to the Government, Commercial Taxes and Registration Department
The Government of Tamil Nadu
Indira Banerjee
P. Rajamanickam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
