Madras High Court
A.Dhanapal vs The Inspector General Of ... on 20 January, 2023
W.A(MD) No.45 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD) No.45 of 2023
A.Dhanapal ... Appellant
-vs-
1.The Inspector General of Registration,
No.100, Santhome Highways Road,
Chennai.
2.The District Registrar,
Karur District.
3.The Inspector of Police,
Karur Town Police Station,
Karur District.
4.Karur Jubilee Literary Association,
Reg.No.8/1890,
Rep. by its Secretary,
No.8A, Azad Road, karur. ... Respondents
PRAYER: Writ Appeal filed under Section 15 of Letters Patent against
the order dated 22.11.2022 made in W.M.P.(MD)No.17495 of 2022 in
W.P.(MD)No.21382 of 2022.
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W.A(MD) No.45 of 2023
For Appellant : Mr.R.Anand
For Respondents : Mr.N.Satheesh Kumar,
Addl. Government Pleader for R1 & R2.
Mr.S.Manikandan,
Govt. Advocate (Crl. Side) for R3
JUDGMENT
(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)
Challenging the interim order dated 22.11.2022 made in W.M.P.
(MD)No.17495 of 2022 in W.P.(MD)No.21382 of 2022, the appellant has
come forward with this writ appeal.
2. It is the case of the appellant that the appellant is the member of
the 4th respondent society and he has filed a writ petition in W.P.(MD)No.
21382 of 2022, seeking for a direction to the respondents 1 and 2 to
invoke Section 34 of Tamil Nadu Societies Registration Act, 1975, by
calling for an explanation from the 4th respondent's association with
regard to their conduct of Annual General Body Meeting scheduled to be
taken place on 11.09.2022 and consequently, proceed against them as per
law. Along with the said writ petition, the petitioner has filed an interim
injunction, restraining the 4th respondent from holding a meeting called
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W.A(MD) No.45 of 2023
Annual General Body Meeting in their association on 11.09.2022 or in
other dates falling subsequently, pending disposal of the main writ
petition. This Court by order dated, 07.09.2022, granted an interim
injunction. As against the same, the fourth respondent has filed the
vacate stay petition in W.M.P.(MD)No.17495 of 2022 and this Court , by
order dated 22.11.2022, allowed the said petition and vacated the interim
injunction granted by this Court on 07.09.2022. As against the same, the
appellant has filed this Writ Appeal.
3. The learned counsel appearing for the appellant submitted that
in the affidavit filed in support of the writ petition, the appellant has
categorically averred the fact with regard to the suspension order that has
been passed by the 4th respondent's association. However, without taking
note of the said fact, the learned Single Judge stated that the petitioner
has suppressed the aforesaid fact and vacated the interim injunction and
therefore, the interim order passed by the learned Single Judge warrants
interference.
4. We have heard the learned counsel appearing on either side and
perused the materials available on record.
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W.A(MD) No.45 of 2023
5. Considering the facts and circumstances of the case, we are of
the view that there is no merit in this Writ Appeal and therefore, we are
not inclined to interfere with the order of the learned Single Judge.
6. Accordingly, this Writ Appeal is dismissed. However, we make
it clear that without being influenced by any of the observations made in
this judgment or in the orders of the writ Court, the writ petition can be
decided on its own merits. No costs. Consequently, connected
miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.]
20.01.2023
NCC : Yes / No
Index : Yes / No
vsm
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https://www.mhc.tn.gov.in/judis
W.A(MD) No.45 of 2023
To
1.The Inspector General of Registration,
No.100, Santhome Highways Road,
Chennai.
2.The District Registrar,
Karur District.
3.The Inspector of Police,
Karur Town Police Station,
Karur District.
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https://www.mhc.tn.gov.in/judis
W.A(MD) No.45 of 2023
D.KRISHNAKUMAR, J.
and
R.VIJAYAKUMAR, J.
vsm
W.A.(MD)No.45 of 2023
20.01.2023
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