The Madurai Bench of the Madras High Court held that ensuring election conduct for a registered society is a matter for the Civil Court, not the High Court under Article 226. The petition was dismissed with liberty to move the Civil Court.
The writ petition was dismissed, with liberty to the petitioner to move the Civil Court.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019 CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.118 of 2018
Thirumalai
... Petitioner
Vs
3.The District Educational Officer, Srivilliputhur Educational District Office, Thiru.Vi.Ka School Compound, Madurai Road, Srivilliputhur, Virudhunagar District.
4.Thigarajan
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd and 3rd respondents herein to take necessary action to conduct the election for the Sri Renuga Hindu High School and Primary School Paripalana Committee Society (Registration No:23/1964) and elect the Office bearers and Executive Committee Members based on the petitioner's representation dated 28.10.2017 within the time stipulated by this Court.
For Petitioner : Mr.K.Manikandan
For Respondents : Mr.M.Murugan Government Advocate for R1 to R3
ORDER
Heard the learned counsel on either side.
2.The petitioner wants the official respondents herein to take action to ensure the conduct of election of the petition mentioned Society. The matter relates to the affairs of a registered https://hcservices.ecourts.gov.in/hcservices/ Society. It is only the Civil Court, which the petitioner will have to approach. Filing of the writ petition is misconceived.
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The writ petition is dismissed by giving liberty to the petitioner to move the Civil Court. No costs.
Sd/Assistant Registrar (W) // True Copy //
Sub Assistant Registrar(CS)
To:
1.The District Registrar of Societies, Office of the District Registrar of Societies, Madurai Road, Virudhunagar, Virudhunagar District. 2.The Chief Educational Officer, District Collectorate, Virudhunagar. 3.The District Educational Officer, Srivilliputhur Educational District Office, Thiru.Vi.Ka School Compound, Madurai Road, Srivilliputhur, Virudhunagar District. +1 CC to M/s.SPL GP ( SR-59563[F] dated 08/04/2019 ) IAS W.P.(MD)No.118 of 2018 04.04.2019
KM/(27.04.2019) 2P 5C
1 issue framed by the court
Whether the High Court can issue a writ of mandamus to direct the official respondents to conduct elections for a registered society.
1 provisions across 1 enactments
Thirumalai
The District Registrar of Societies
The Chief Educational Officer
The District Educational Officer
Thigarajan
(9 1) N
G.R. SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
