The High Court held that a dispute over monetary benefits decided by a Society's General Body Meeting is not suitable for writ jurisdiction. The Court declared the petition not maintainable, advising the petitioners to file a civil suit instead, and disposed of the matter.
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.
W.P.No.21730 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2023
CORAM :
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
W.P.No.21730 of 2023
Retired Police Officers' Welfare Association, Puducherry Represented by its President T.Gnanaprakasam, Inspector of Police (Retd.) Regn.No.43/2020, residing at No.12, New Street, Pudupet, Lawspet, Pondicherry – 605 008.
Joint Secretary Inspector of Police (Retd.) Puducherry Non-Gazetted Retired Police Officers' Welfare Association, Puducherry residing at Plot No.64, 1st Main Street, Dr.Dhanabalan Nagar, Muthirapalayam, Pondicherry – 605 009.
Vice President, Inspector of Police (Retd.) Puducherry Non-Gazetted Retired Police Officers' Welfare
Association, Puducherry
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W.P.No.21730 of 2023
residing at No.45, Gundu Salai, Natesan Nagar, Boomianpet, Pondicherry – 605 005.
... Petitioners
Vs.
1.Union of India Represented by The Director General of Police cum President, Puducherry Police Welfare Society, No.2, Rue Dumas, Puducherry – 605 001.
2.The Registrar of Companies, Office of the Registrar of Companies, No.7, 2nd Floor, Karuvadikuppam Main Road, Muthialpet, Puducherry – 605 003.
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents to consider the representations of the petitioner within a stipulated time and to direct the respondents 1 to 3 to pay monetary benefit to the list of members of the petitioner Association enclosed in the Typed Set of Papers, as per the decision taken by the Society during the 30th General Body Meeting held on 09.02.2006.
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W.P.No.21730 of 2023
| For Petitioner | : Mr.M.Gnanasekar |
|---|---|
| For R1 to R3 | : Mr.M.Nirmal Kumar |
| Government Advocate (Pondicherry) |
O R D E R
This writ petition has been filed to direct the respondents to consider the representations of the petitioner within a stipulated time and to direct the respondents 1 to 3 to pay monetary benefit to the list of members of the petitioner Association enclosed in the Typed Set of Papers, as per the decision taken by the Society during the 30th General Body Meeting held on 09.02.2006.
2.Heard the learned counsel for the petitioners and Mr.M.Nirmal Kumar, learned Government Advocate (Pondicherry), appearing for the respondents.
3.At the outset, this Court is of the view that this writ petition itself is not maintainable, since the entire grievance of the petitioners appears with regard to certain dispute in the Society pertaining to payment of monetary benefits to the members of the Society as per the decision
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W.P.No.21730 of 2023
taken during General Body Meeting of the Society, which cannot be adjudicated in a writ petition. In such case, it is for the petitioners to work their remedy by filing a Civil Suit before the appropriate Forum, not by way of filing a writ petition.
No costs.
23.08.2023
mkn
Internet : Yes Index : Yes / No Neutral citation : Yes / No Speaking order / Nonspeaking order
To
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W.P.No.21730 of 2023
N. SATHISH KUMAR, J.
mkn
W.P.No.21730 of 2023
23.08.2023
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1 issue framed by the court
Whether a dispute regarding payment of monetary benefits to members of a Society, decided in a General Body Meeting, is maintainable as a writ petition.
Puducherry Non-Gazetted Retired Police Officers' Welfare Association
Union of India
Registrar of Companies
Superintendent of Police (Trg & Welfare)
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
