The court allowed an impleading petition to add a fifth respondent and stayed the show cause notice issued under the Tamil Nadu Societies Registration Act.
Impleading petition allowed; Show cause notice stayed; Notice to respondents issued.
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W.M.P.Nos.26113 and 26114 of 2023
W.M.P.Nos.26113 and 26114 of 2023 in W.P.No.29068 of 2022
N.SESHASAYEE, J.
The petitioner seeks to implead certain Muruganantham as the fifth respondent, who according to the petitioner, had moved the Madurai Bench of the Madras High Court in W.P.(MD).No.12578 of 2023, for appointing a Special Officer under Section 34 A of the Tamil Nadu Societies Registration Act, 1975 vis-a-vis the petitioner society registered with the Registrar of Societies, Udumalpet.
2.The learned counsel for the petitioner submitted that Udumalpet was formally in Coimbatore District, now after the formation of Tiruppur District, it is now part of the Tiruppur District. Based on a certain order passed by the Madurai Bench of Madras High Court, the Registrar of Societies has issued certain show cause notice for commencing action under Section 34 A of the Act, alleging that the fifth respondent had moved the Madurai Bench of the High Court, without citing any of the office bearers of the petitioner as a party to the same. In other words, the petitioner in W.P.(MD).No.12578 of 2023 has obtained an order by moving the Madurai Bench of this Court, which may not have territorial
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W.M.P.Nos.26113 and 26114 of 2023
jurisdiction over the matter. Based on the same, the District Registrar has now issued a show cause notice for commencing action under Section 34 A of the Act.
3.The impleading petition in W.P.No.26113 of 2023 stands allowed. Muruganantham is impleaded as the fifth respondent and the learned counsel for the petitioner is directed to take notice for the newly impleaded fifth respondent.
4.Mr.M.Bindran, the learned Additional Government Pleader takes notice for respondents 1 and 2.
5.Notice to respondents 3 and 4 returnable by 19.10.2023. Private notice is also permitted.
6.The show cause notice issued by the second respondent dated 28.08.2023 is
now stayed.
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W.M.P.Nos.26113 and 26114 of 2023
7.Post the matter on 19.10.2023.
14.09.2023
Anu
Note: The Registry is required to carryout the necessary amendment in the cause title.
Note to office: Issue order copy on 19.09.2023
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W.M.P.Nos.26113 and 26114 of 2023
N.SESHASAYEE, J. Anu
W.M.P.Nos.26113 and 26114 of 2023 in W.P.No.29068 of 2022
14.09.2023
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The petitioner society
Muruganantham
The District Registrar
Other respondents
N.SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
