S.Arumugam Vs The Inspector General of Registration — Writ and Judicial Review | Madras HC (2025)

S.Arumugam Vs The Inspector General of Registration — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No relief granted; petitioner directed to the competent civil Court to seek appointment of an Advocate Commissioner. No order as to costs; connected miscellaneous petition closed.

Issue for consideration

Whether Respondents 1 and 2 should be directed, by writ of mandamus under Article 226, to conduct the election of office bearers of the 3rd Respondent Sangam (scheduled for 21.12.2025) as per its Bye-law and the Tamil Nadu Societies Registration Act, 1975, in the presence of an Advocate Commissioner to be appointed by this Court. +1 more

Ratio / Principle

Where a petitioner apprehends that a registered society's election would not be conducted in a proper manner as per its Bye-law, it is for him to approach the competent civil Court to seek appointment of an Advocate Commissioner (rather than obtain the appointment through this writ petition); on this basis the writ petition was disposed of.

Key takeaways

By consent the writ petition was taken up for final disposal at the admission stage itself, and since no adverse order was going to be passed against respondents 3 to 5, notice to them was dispensed with.obiter¶27

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), R. Vijayakumar J., order dated 19.12.2025 (W.P.(MD)No.36445 of 2025, connected W.M.P.(MD)No.29015 of 2025): petitioner S. Arumugam sought a writ of mandamus under Article 226 directing Respondents 1 and 2 (Inspector General of Registration; District Registrar (Societies)) to conduct the 21.12.2025 election of office bearers of Respondent 3, M/s. Karala Kulathilaga karunya Sangam (Vellalar Uravinmurai), a society registered under the Tamil Nadu Societies Registration Act, 1975, as per its Bye-law and in the presence of an Advocate Commissioner, pursuant to his representation dated 12.12.2025. Taken up by consent for final disposal at the admission stage; notice to private Respondents 3-5 dispensed with as no adverse order was intended. The Court held that a petitioner apprehending that a society election would not be conducted properly per its Bye-law must approach the competent civil Court to seek appointment of an Advocate Commissioner; accordingly the writ petition stood disposed of, with no order as to costs, and the connected miscellaneous petition was closed. No precedents cited; no impugned order reversed or quashed.

W.P.(MD) No.36445 of 2025

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

DATED: 19.12.2025

CORAM

THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR

W.P.(MD)No.36445 of 2025 and W.M.P.(MD)No.29015 of 2025

S.Arumugam

... Petitioner

Vs

1.The Inspector General of Registration, Registration Department, 100, Santhome Road,

Chennai – 600 028.

2.The District Registrar (Societies), Registration Office- Combined Buildings, Rajakambeeram, Y.Othakadai, Madurai District.

3.M/s.Karala Kulathilaga karunya Sangam

(Vellalar Uravinmurai), Represented by its President, 193A, West Masi Street, Thalaiyari Gurunathan Temple Street, Madurai – 625 001.

4.K.Velmurugan

5.B.Vetrivel ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondent to Nos.1

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W.P.(MD) No.36445 of 2025

and 2 to conduct the election to be held on 21.12.2025 for the office bearers of the 3^rd Respondent sangam as per the Bye-law and as per the provisions of Tamil Nadu Societies Registration Act, 1975 in the presence of Advocate Commissioner to be appointed by this Court in the light of the petitioner's representation dated 12.12.2025.

For Petitioner : Mr.C.M.Mari Chelliah Prabhu For Respondents : Mr.K.S.Selvaganesan Addl. Govt. Pleader for R1 & R2

O R D E R

The present Writ Petition has been filed seeking a

Mandamus as against the respondents 1 and 2 to conduct election for the office bearers of the third respondent Sangam as per the Bye-law in the presence of Advocate Commissioner.

2 . By consent, this Writ Petition is taken up for final disposal

at the admission stage itself. Since no adverse order is going to be passed as against the respondents 3 to 5, notice to them is dispensed with.

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W.P.(MD) No.36445 of 2025

3. A perusal of the record reveals that the third respondent Sangam is registered under the Societies Registration Act, 1975. In case if the petitioner apprehends that the election would not be conducted in a proper manner as per the Bye-law of the Society, it is for him to approach the competent civil Court to seek appointment of an Advocate Commissioner.

4 . With the above said observations, this Writ Petition stands

disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

19.12.2025

vsm

Index : Yes/No NCC : Yes/No

To

1.The Inspector General of Registration, Registration Department, 100, Santhome Road, Chennai – 600 028.

2.The District Registrar (Societies), Registration Office- Combined Buildings, Rajakambeeram, Y.Othakadai, Madurai District.

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W.P.(MD) No.36445 of 2025

R.VIJAYAKUMAR, J.

vsm

W.P.(MD)No.36445 of 2025

19.12.2025

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