S.Boopathy Vs J.Jeyakumar Joseph — Madras HC (2025) — LawSathi Research

S.Boopathy Vs J.Jeyakumar Joseph — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; the writ appeal was closed as infructuous with no costs, the connected miscellaneous petitions C.M.P.(MD)Nos.8299 & 8300 of 2025 were closed, and the parties were left to work out their rights in the manner known to law.

Issue for consideration

Whether the order/direction secured by the writ petitioner for an enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975 could validly have been passed at the instance of a solitary member, given that Section 36 jurisdiction can be invoked only on the application of a majority of the members of the committee or not less than one third of the members of the registered society. +1 more

Court's answer

The Bench acknowledged 'considerable force' in the appellant's contention that Section 36 of the Tamil Nadu Societies Registration Act, 1975 can be invoked only on the application of a majority of the committee members or not less than one third of the members, and that such an order could not have been passed at the instance of a solitary member; however, it was unable to accept that contention as a ground for interference because the single Judge's direction had already been complied with.

Ratio / Principle

Since the learned single Judge's direction had been complied with vide proceedings in Na.Ka.No.5421/E1/2024 dated 21.02.2025, the writ appeal was closed as infructuous, leaving it to the parties to work out their rights in the manner known to law; the appeal was closed with no costs and the connected miscellaneous petitions were also closed.

Detailed headnote1 paragraphs

W.A.(MD)No.1377 of 2025 (Madurai Bench of Madras High Court, decided 05.06.2025 by G.R.Swaminathan and K.Rajasekar, JJ.): Writ appeal by S.Boopathy, President, Differently Abled Welfare Society (Regn.No.18/2015), Madurai, under Clause 15 of the Letters Patent against the order dated 04.11.2024 of the learned single Judge in W.P.(MD)No.26250 of 2024, by which the District Registrar was directed to consider the writ petitioner's (J.Jeyakumar Jeseph's) representation and pass appropriate orders in accordance with law — described as virtually an order for conducting an enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975. Counsel for the appellant urged that Section 36 jurisdiction can be invoked only on the application of a majority of the members of the committee or not less than one third of the members of the registered society, and that such an order could not have been passed at the instance of a solitary member. The Bench found 'considerable force' in the contention but held the appeal infructuous because the single Judge's direction had already been complied with vide proceedings in Na.Ka.No.5421/E1/2024 dated 21.02.2025. The writ appeal was closed as infructuous with no costs, the connected miscellaneous petitions (C.M.P.(MD)Nos.8299 & 8300 of 2025) were closed, and the parties were left to work out their rights in the manner known to law.

1 W.A.(MD)NO.1377 OF 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 05.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

W.A.(MD)No.1377 of 2025 AND C.M.P.(MD)Nos.8299 & 8300 of 2025

S.Boopathy, President,

Differently Abled Welfare Society(Regn.No.18/2015), 84-A, Swamy Vivekanandar Nagar, Surveyor Colony, Madurai Tamil Nadu – 625 007. ... Appellant / 4^th

... Appellant / 4^th Respondent

Vs.

J.Jeyakumar Jeseph ... 1^st Respondent / Petitioner

The District Collector, Madurai District Collectorate, Madurai, Tamil Nadu-625 002.

The District Collector, (Registrar for Societies), Maurai North Registration District, Madurai North District Registrar Office, Rajakambeeram, Y.Othakadai, Madurai.

The Branch Manager, SIDCO Branch Office, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Industrial Estate, Kappalur, Madurai District. ... Respondents 2 to 4/ Respondents 1 to 3

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2 W.A.(MD)NO.1377 OF 2025

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to allow the writ appeal and set aside the impugned order dated 04.11.2024 passed in W.P.(MD)No.26250 of 2024.

For Appellant : Mr.V.Thirumal

For R-1 : Mr.P.Murughadasan

For R-2 to R-4 : Mr.D.Sasikumar, Additional Government Pleader. * * *

J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

Heard the learned counsel on either side.

2. This writ appeal is directed against the order dated

04.11.2024 made in W.P.(MD)No.26250 of 2024.

3. The learned single Judge had directed the District Registrar

to consider the writ petitioner's representation and pass appropriate orders in accordance with law.

4. Virtually, the writ petitioner obtained an order for

conducting enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975. The learned counsel appearing for the

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3 W.A.(MD)NO.1377 OF 2025

appellant points out that the jurisdiction under Section 36 of the Act can be invoked only if there is an application by a majority of the members of the committee of a registered Society or on the application of not less than one third of the members of that registered Society. Such an order could not have been passed by the learned single Judge at the instance of a solitary member.

5. There is considerable force in this argument. But then, we are unable to accept for the simple reason that the direction of the learned single Judge was complied with vide proceedings in Na.Ka.No.5421/E1/2024 dated 21.02.2025. A copy of the proceedings dated 21.02.2025 has been produced by the learned counsel for the appellant. In these circumstances, we have to close this writ appeal as infructuous. It is for the parties to work their rights in the manner known to law. This writ appeal is closed. No costs. Consequently, connected miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 5^th June 2025

NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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4 W.A.(MD)NO.1377 OF 2025

G.R.SWAMINATHAN,J.

AND

K.RAJASEKAR, J.

PMU

To:

The District Collector, Madurai District Collectorate, Madurai, Tamil Nadu-625 002.

The District Collector, (Registrar for Societies), Madurai North Registration District, Madurai North District Registrar Office, Rajakambeeram, Y.Othakadai, Madurai.

The Branch Manager, SIDCO Branch Office, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Industrial Estate, Kappalur, Madurai District.

W.A.(MD)No.1377 of 2025

05.06.2025

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