S.Boopathy vs J.Jeyakumar Jeseph ... 1St
2025 Latest Caselaw 1129 Mad

Madras High Court

S.Boopathy vs J.Jeyakumar Jeseph ... 1St on 5 June, 2025

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                   1              W.A.(MD)NO.1377 OF 2025

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                              DATED : 05.06.2025
                                                          CORAM
                                  THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                                            AND
                                      THE HON'BLE MR.JUSTICE K.RAJASEKAR
                                          W.A.(MD)No.1377 of 2025 AND
                                        C.M.P.(MD)Nos.8299 & 8300 of 2025
                     S.Boopathy,
                     President,
                     Differently Abled Welfare Society(Regn.No.18/2015),
                     84-A, Swamy Vivekanandar Nagar,
                     Surveyor Colony, Madurai
                     Tamil Nadu – 625 007.               ... Appellant / 4th Respondent

                                                              Vs.
                     1. J.Jeyakumar Jeseph                      ... 1st Respondent / Petitioner

                     2. The District Collector,
                        Madurai District Collectorate,
                        Madurai, Tamil Nadu-625 002.

                     3. The District Collector,
                        (Registrar for Societies),
                        Maurai North Registration District,
                        Madurai North District Registrar Office,
                        Rajakambeeram, Y.Othakadai,
                        Madurai.

                     4. The Branch Manager,
                        SIDCO Branch Office,
                        Tamil Nadu Small Industries Development
                         Corporation Ltd.,
                        SIDCO Industrial Estate, Kappalur,
                        Madurai District.          ... Respondents 2 to 4/
                                                        Respondents 1 to 3

                     1/4


https://www.mhc.tn.gov.in/judis              ( Uploaded on: 11/06/2025 02:27:05 pm )
                                                                         2              W.A.(MD)NO.1377 OF 2025

                                  Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to
                     allow the writ appeal and set aside the impugned order dated
                     04.11.2024 passed in W.P.(MD)No.26250 of 2024.
                                  For Appellant      : Mr.V.Thirumal

                                  For R-1            : Mr.P.Murughadasan

                                  For R-2 to R-4     : Mr.D.Sasikumar,
                                                       Additional Government Pleader.
                                                              ***

                                                          JUDGMENT

(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

Heard the learned counsel on either side.

2. This writ appeal is directed against the order dated

04.11.2024 made in W.P.(MD)No.26250 of 2024.

3. The learned single Judge had directed the District Registrar

to consider the writ petitioner's representation and pass appropriate

orders in accordance with law.

4. Virtually, the writ petitioner obtained an order for

conducting enquiry under Section 36 of the Tamil Nadu Societies

Registration Act, 1975. The learned counsel appearing for the

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/06/2025 02:27:05 pm )

appellant points out that the jurisdiction under Section 36 of the Act

can be invoked only if there is an application by a majority of the

members of the committee of a registered Society or on the

application of not less than one third of the members of that

registered Society. Such an order could not have been passed by the

learned single Judge at the instance of a solitary member.

5. There is considerable force in this argument. But then, we

are unable to accept for the simple reason that the direction of the

learned single Judge was complied with vide proceedings in

Na.Ka.No.5421/E1/2024 dated 21.02.2025. A copy of the

proceedings dated 21.02.2025 has been produced by the learned

counsel for the appellant. In these circumstances, we have to close

this writ appeal as infructuous. It is for the parties to work their

rights in the manner known to law. This writ appeal is closed. No

costs. Consequently, connected miscellaneous petitions are closed.

(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 5th June 2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/06/2025 02:27:05 pm )

G.R.SWAMINATHAN,J.

AND K.RAJASEKAR, J.

PMU

To:

1. The District Collector, Madurai District Collectorate, Madurai, Tamil Nadu-625 002.

2. The District Collector, (Registrar for Societies), Madurai North Registration District, Madurai North District Registrar Office, Rajakambeeram, Y.Othakadai, Madurai.

3. The Branch Manager, SIDCO Branch Office, Tamil Nadu Small Industries Development Corporation Ltd., SIDCO Industrial Estate, Kappalur, Madurai District.

05.06.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/06/2025 02:27:05 pm )