Madras High Court
Chellam vs Ramamoorthi on 25 May, 2022
W.A(MD)No.491 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.05.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD)No.491 of 2022
and
C.M.P(MD)Nos.4518 & 4519 of 2022
Chellam ... Appellant/Third Party
Vs.
1.Ramamoorthi ... Respondent/Writ petitioner
2.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600028.
3.The District Registrar of Societies (Administration),
District Registrar Office,
Sivagangai,
Sivagangai District. ... Respondent/Respondents 1 & 2
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent, to set aside
the order, dated 31.03.2022 passed in W.P(MD)No.176 of 2022 by the learned
Single Judge.
For Appellant : Mr.R.Sidharthan
For R-2 & R3 : Mr.J.Ashok
Additional Government Pleader
1/5
https://www.mhc.tn.gov.in/judis
W.A(MD)No.491 of 2022
JUDGMENT
(Judgment of this Court was made by R.SURESH KUMAR ,J.)
In the appeal, the appellant being a third party, who is not a party to the
writ petition in W.P(MD)No.176 of 2022, wherein, in a common order along with
writ petition in W.P.(MD)No.175 of 2022, the learned single Judge of this Court
has passed an order, dated 31.03.2022, which is impugned in the writ appeal.
2. In the said order, the learned Judge said that the original writ
petitioner one Ramamoorthi has made a complaint against the office bearers of the
fifth respondent society in W.P(MD)No.175 of 2022 and the said society is also
not a party in W.P(MD)No.176 of 2022. Based on the said allegation, the learned
Single Judge had come to a conclusion that since there was no specific
representation given by the said Ramamoorthi, he was permitted to give fresh
representation to the official respondents. The official respondents in the writ
petitions were directed to consider such representation after giving an opportunity
to all the parties concerned and the same shall be decided on merits. Challenging
the said order, the present writ appeal has been filed, for which, the third party
leave was sought for.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.491 of 2022
3. After hearing the learned Counsel for the petitioner as well as the
learned Government Pleader appearing for the official respondents, we are
inclined to pass the following orders taking into account the circumstances of the
case.
"Though we do not find any infirmity in the order passed by the learned
Single Judge, which is impugned herein, but at the same time, while complying
with the order, dated 31.03.2022, the official respondents by considering the
representation to be submitted or already been submitted by Ramamoorthi, who
was the original writ petitioner, the grievance of the petitioner, who is representing
the society as a President, shall also be heard and after giving such an opportunity
to the President, the orders of the learned Single Judge, dated 31.03.2022 may be
complied with".
4. With these observations, the Writ Appeal stands disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
(R.S.K, J.) (R.V, J.)
25.05.2022
Index : Yes / No
Internet : Yes / no
btr/am
https://www.mhc.tn.gov.in/judis
W.A(MD)No.491 of 2022
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai-600028.
2.The District Registrar of Societies (Administration),
District Registrar Office,
Sivagangai,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.491 of 2022
R.SURESH KUMAR, J.
and
R.VIJAYAKUMAR, J.
btr/am
W.A(MD)No.491 of 2022
25.05.2022
https://www.mhc.tn.gov.in/judis
