Madras High Court
Unknown vs Muniyandi ... R1 / Petitioner on 3 February, 2025
Author: S.M.Subramaniam
Bench: S. M. Subramaniam
W.A.No.2976 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2025
CORAM
THE HON'BLE MR. JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
Writ Appeal No.2976 of 2024
and
Civil Miscellaneous Petition No.22349 of 2024
1. The Institution of Valuers
Represented by the Registrar
Valuers Bhawan
Plot No.3, Parwana Road,
Adjacent to Bal Bharti Public School,
Pitampura, Delhi – 110 034.
2. The Board of Scrutineers
Represented by the Convener
Plot No.3, Parwana Road,
Adjacent to Bal Bhaarti Public School,
Pitampura, Delhi – 110 034.
3. The Institution of Valuers,
Chennai Branch,
Represented by Chairman,
No.4/180, TNHB Commercial Complex,
Luz Church Road, Mylapore
Chennai – 600 004, now represented
By the Convenor of the Advisory Committee
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
1/9
W.A.No.2976 of 2024
for Chennai branch at
H No.16-11-20, Flat No.106,
Bharani Apts, Saleemnagar,
Malakpet, Hyderabad – 500 036.
[Cause title accepted, vide order of Court
dated 09/09/2024 made in CMP No.19727/2024
in WA SR No.114114/2024]
... Appellants / R3 to R5
Vs.
1. Muniyandi ... R1 / Petitioner
2. The Inspector General of Registration
O/o. The Inspector General of Registration
Delhi Government of National Capital
Territory of Delhi, No.5, Sham Nath Marg
Prema Kunj, Civil Lines, Delhi – 110 054
3. The Registrar of Societies
J6, G7 + 5CJ, Sansad Marg
Old Court Building, Janpath
New Delhi – 110 001. ... Respondents
Writ Appeal filed under Clause 15 of the Letters Patent Act,
against the Order (common order) dated 29.07.2024 in W.P.No.15669 of
2024 praying to set aside the order in so far it relates to the directions to
treat the representation dated 04.06.2024 of the writ petitioner as Notice for
an Extraordinary General Meeting as provided for under Clause/bye-law 38
of the Institution of Valuers and to convene the Extraordinary General
Meeting within 6 weeks from the date of the order.
For Appellants : Mr.K.C.Mittal and
Mr.R.Asokan
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
2/9
W.A.No.2976 of 2024
For R1 : Mr.A.Mohammed Muhsin
For Mr.J.Ramesh
For R2 and R3 : Given up
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM,J.)
The intra court appeal on hand has been instituted challenging the
common order dated 29.07.2024 passed in W.P.Nos.15669, 20407, 20402,
20404 & 20399 of 2024.
2. The batch of writ petitions were instituted questioning the election
process of a society registered under the Societies Registration Act. In one
writ petition, the relief sought for is to quash the by-laws No.8,10 and 66 of
the approved by-laws of the Registrar.
3. The writ Court adjudicated the issues and passed an order as under:
“9.The petitioner in W.P.Nos.15669 and 20399 of
2024 has made a representation on 04.06.2024 before the
present representatives reiterating the prayers made in these
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
writ petitions. Let this representation be treated by R3 as a
Notice to EGM as provided for under clause 38 of the bye-
laws. The EGM shall be convened within six (6) weeks from
today and matters be taken forward in accordance with law,
and the bye-laws of the Society. In light of the aforesaid
order, the petitioners' names are not liable to be included
and the directions given in paragraph 3 of interim order
dated 22.07.2024, stand vacated.
10. Needless to say, if the results of the proposed
EGM enure to the benefit of the petitioner, the Council will
take a considered view as to whether the amendments would
be prospective or would apply for the on-going elections as
well.
11. These writ petitions are closed as withdrawn,
though in the above terms. No costs. Connected
Miscellaneous Petitions are closed.”
4. This Court is of the considered opinion that the dispute relating to
by-laws of the Society are to be adjudicated initially before the Registrar
under the provisions of the Act and thereafter, before the competent civil
Court of law. These disputed issues raised between the parties are to be
adjudicated with reference to the documents and evidences available on
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
record. The by-laws of the Society are approved by the Registrar, who is the
Competent Authority and in the event of any dispute relating to by-laws, the
General body of the Society has to take a decision or the dispute is to be
resolved by approaching the Competent Authority under the Act. If the
dispute continues thereafter, the aggrieved party has to approach the
competent civil court of law for resolving the issues.
5. Disputed facts cannot be adjudicated in a writ proceeding under
Article 226 of the Constitution of India. More so, the functions of a Society
cannot be construed as the functions of a State under Article 12 of the
Constitution of India. Thus, no writ is entertainable. Such private disputes
are to be adjudicated before the Civil Court and in the present case, writ
Court has made certain observations touching upon the merits of the case,
which would pave way for some of the parties to make some unnecessary
claims when the dispute exists between the parties. Therefore, this Court is
of the considered opinion that the writ petition per se is not maintainable
and liable to be rejected in limini. However, the parties are at liberty to
approach the competent authority under the Act or before the competent
civil Court of law having jurisdiction and resolve the issues by following
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
due process.
6. The learned counsel for the first respondent has no serious
objection to resolve the issues by approaching the competent authority
under the Act or before the civil court of law, as the case may be. The
second and third respondents are given up as per the endorsement made in
this appeal.
7. With these observations, the common order dated 29.07.2024
passed by the writ Court in W.P.No.15669 of 2024 is set aside and the writ
appeal is allowed. No costs. Consequently, the connected miscellaneous
petition stands closed.
(S.M.S., J.) (K.R.S., J.)
03.02.2025
ssi
Index: Yes
Speaking Order: Yes/No
Neutral Citation Case : Yes/No
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
To
1. The Inspector General of Registration
O/o. The Inspector General of Registration
Delhi Government of National Capital
Territory of Delhi, No.5, Sham Nath Marg
Prema Kunj, Civil Lines, Delhi – 110 054
2. The Registrar of Societies
J6, G7 + 5CJ, Sansad Marg
Old Court Building, Janpath
New Delhi – 110 001.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
S.M.SUBRAMANIAM., J.
AND
K. RAJASEKAR., J.
ssi
and
03.02.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 05:27:55 pm )
