Madras High Court
V.Velmuniyandi vs The District Registrar Of Societies on 8 April, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.P(MD)No.8741 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.04.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.8741 of 2024
and
W.M.P(MD)No.7991 of 2024
V.Velmuniyandi ... Petitioner
Vs.
1.The District Registrar of Societies,
District Registrar Office,
Kacheri Road,
Virudhunagar,
Virudhunagar District.
2.The District Educational Officer,
Aruppukottai,
Virudhunagar District.
3.The Assistant Elementary Educational Officer,
Rediyapatti,
Virudhunagar District.
4.T.U.N.S.Vaidhiyalinga Nadar
Higher Secondary School.
Tiruchuli,
Represented by its
Head Master,
5.Hindu Nadar Satriya
Vidyasala Primary School,
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1/6
W.P(MD)No.8741 of 2024
Tiruchuli,
Represented by its
Head Master,
6.Hindu Nadar Uravin Murai Sangam,
Tiruchuli,
Tiruchuli Taluk,
Virudhunagar District,
Represented by its
Secretary. ... Respondents
Prayer: Writ petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Certiorari, to call for the records of the first
respondent herein dated 24.01.2024 relating to granting approval of the
Form VII submitted by the Hindu Nadar Uravinmurai Sangam
Registration No. 84/2000 dated 28.04.20200 Tiruchuli and 4th and 5th
respondent school submitted by the 6th respondent and quash the same.
For Petitioner : Mr.M.A.Abdul Muthalif
For Respondents : Ms.D.Farjana Ghousia
Special Government Pleader for R.1
Mr.M.Sarangan
Additional Government Pleader
for R.2 & R.3
Mr.S.Srinivasa Ragavan
for Mr.Pon Ramkumar for R.4 to R.6
ORDER
Heard both sides.
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2.The petitioner challenges the acceptance of Form-VII by the first
respondent. The case on hand pertains to the election conducted for
electing the members of the executive committee of Hindu Nadar
Uravinmurai Sangam, Tiruchuli.
3.The learned counsel appearing for the petitioner reiterated all the
contentions set out in the affidavit filed in support of the writ petition and
called upon this Court to grant relief as prayed for.
4.I am not in a position to consider the contentions for the simple
reason that the petitioner and one Selvaganesh have already filed O.S.No.
22 of 2024 on the file of Sub Court, Aruppukkottai questioning the
election outcome.
5.The learned counsel appearing for the private respondents draws
my attention to the following decisions:
i) 2005 (2) CTC 161 (C.M.S.Evangelical Suvi David Memorial
Higher Secondary School Committee & Others Vs The District Registrar
Cheranmahadevi, Tirunelveli District & Others)
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ii) 2008-2-L.W.75 (R.Muralidaran & Others Vs The District
Registrar, South Madras & Another)
iii) 2010 (3) CTC 390 (C.Dharmalingam Vs The District Registrar
& Others)
The ratio laid down in the decisions is that electoral outcome will have to
be challenged only in a duly instituted civil suit.
6.At the same time, I do not want to send the petitioner empty
handed. It is well known that by the time when the suits challenging an
electoral outcome are taken up for disposal the tenure itself gets over.
The suits turn out to be infructuous.
7.The petitioner should not await such a fate. Since the elected
body is before me, I direct the respondents 4 to 6 to ensure that all the
private defendents in O.S.No.22 of 2024 enter appearance and file their
written statements on or before 14.06.2024. The issues shall be framed
within ten days thereafter. The trial itself will be conducted and
completed and judgment pronounced within a period of four months
thereafter. I make it clear that I have not gone into the merits of the
matter. Contentions of both the parties are left open.
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8.This writ petition is disposed of with the aforesaid direction.
The impugned Form - VII will abide by the outcome of the suit. There
shall be no order as to costs. Consequently, connected miscellaneous
petition is closed.
08.04.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
MGA
To
1.The District Registrar of Societies,
District Registrar Office,
Kacheri Road,
Virudhunagar,
Virudhunagar District.
2.The District Educational Officer,
Aruppukottai,
Virudhunagar District.
3.The Assistant Elementary Educational Officer,
Rediyapatti,
Virudhunagar District.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN,J.
MGA
08.04.2024
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