Dismissed¶34

R.Jayakumar v. The Registrar of Society

Societies Registration Act – Section 36

Madras HC9 Apr 2026WP/20142/2022

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What is this about?

Madras High Court (Krishnan Ramasamy, J., 09-04-2026, WP No. 20142 of 2022): single-member complaint to Registrar of Societies under S.36 fails the 1/3-of-total-members requirement; Registrar not obliged to enquire; writ petition dismissed with liberty to pursue the grievance before the civil Court; reliefs concerning elections of office bearers and restraint on alienation of 'Vinveli Nagar' housing plots not granted.

What did the court decide?

Petition dismissed, granting liberty to the petitioner to approach the civil Court, in the manner known to law. ¶34

R.Jayakumar Vs The Registrar of Society — Writ and Judicial Review | Madras HC (2026)

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WP No. 20142 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 09-04-2026

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CORAM

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THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

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WP No. 20142 of 2022 and WMP.No.19361 of 2022

R.Jayakumar

..Petitioner(s)

The Registrar of Society, Office of the Registrar of Society – Chennai South, Vadapalani, Kannappar Thidal, Poongavanapuram, Chennai, Tamil Nadu 600 003.

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The Space Research Employees Association, Rep. by its Secretary, No. 20, Kamaraj Avenue St, Adayar, Chennai – 600 020.

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..Respondent(s)

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Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus, directing the 1^st respondent herein to enquire into the petitioners complaint dated 20.07.2022 with regard to mismanagement of the 2^nd respondent society, and misappropriation of its fund and take appropriate action and direct the 2^nd respondent to conduct election for the post of the office bearers of the 2^nd respondent society within a stipulated time and till such time forbear the 2^nd respondent from allotting or alienating the 2^nd respondent Society’s housing Plot / land at “Vinveli Nagar”, Chennai to any third party other than its members.

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Page1 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 20142 of 2022

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For Petitioner(s): Mr.P.R.Thiruneelakandan For Respondent(s): Mr.P.Harish Government Advocate for R1

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R2 – Not ready in notice

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ORDER

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This Writ Petition has been filed seeking issuance of writ of mandamus,

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directing the 1^st respondent herein to enquire into the petitioner’s complaint dated 20.07.2022 with regard to mismanagement of the 2^nd respondent society, and misappropriation of its fund and take appropriate action and direct the 2^nd respondent to conduct election for the post of the office bearers of the 2^nd respondent society within a stipulated time and till such time forbear the 2^nd respondent from allotting or alienating the 2^nd respondent Society’s housing Plot / land at “Vinveli Nagar”, Chennai to any third party other than its members.

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The learned counsel appearing for the petitioner would submit that though the complaint dated 20.07.2022 was made for conducting enquiry with regard to mismanagement of the 2^nd respondent society, and misappropriation of its fund, no action has been taken so far. Hence, the present writ petition is filed.

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Page2 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 20142 of 2022

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The learned Government Advocate appearing for the 1^st respondent would submit that the allegations made against the Society by the petitioner is with regard to mismanagement. In the event of mismanagement, if any

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complaint is made by 1/3rd of the total members of the Society, the same will be considered. In the present case, the petitioner alone made a representation and it would not constitute 1/3rd of its members therefore, the same cannot be considered.

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Heard the learned counsel appearing for the petitioner as well as the respondent and perused the material available on record.

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As rightly contended by the learned counsel for the 1^st respondent, the petitioner made a complaint with regard to mismanagement and certainly, the said issue can be raised in terms of provision 36 of the Societies Registration Act before the 1^st respondent, provided that if the 1/3rd of the total members of the Society has made a complaint, the same will be considered. In the present case, the petitioner alone made a complaint, which will not constitute 1/3rd of the members of the Society. Hence, a statutory power to make a complaint with regard to the allegation of misappropriation of funds in terms of provision of Section 36 of the Societies Registration Act is not available to the petitioner. However, the petitioner will not be stopped to adjudicate his grievance. Once it is held that he is not entitled to raise the issue before the 1^st respondent, he can

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Page3 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 20142 of 2022

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raise the same before the civil Court.

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In such being the case, this Writ Petition is dismissed, granting liberty

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to the petitioner to approach the civil Court, in the manner known to law. No

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costs. Consequently, connected miscellaneous petition is closed.

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09-04-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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KKN

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__________ Page4 of 6

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https://www.mhc.tn.gov.in/judis

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WP No. 20142 of 2022

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The Registrar of Society, Office of the Registrar of Society – Chennai South, Vadapalani, Kannappar Thidal, Poongavanapuram, Chennai, Tamil Nadu 600 003.

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