Madras High Court
P.M.K.Rassokhan vs Dr.Zakir Hussain College Society on 28 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1931 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A(MD)No.1931 of 2021
and
C.M.P(MD)No.8580 of 2021
P.M.K.Rassokhan ... Appellant /
3rd Party
Vs.
1.Dr.Zakir Hussain College Society,
(Registration No.8/1983),
Represented by its Secretary,
V.M.Jabarrullakhan,
Ilayankudi,
Sivagangai District. ... Respondent /
Petitioner
2.The District Registrar cum
Registrar of Societies,
Sivagangai District,
Sivagangai – 630 702. ... Respondent /
Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order dated 23.07.2021 made in W.P(MD)No.11899 of 2021 on the
file of this Court and allow this Writ Appeal.
For Appellant : Mr.T.Selvan
For Respondents : Mr.H.Thayumanaswamy for R.1
1/6
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W.A.(MD)No.1931 of 2021
Mr.N.Ramesh Arumugam
Government Advocate for R.2
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2.One D.M.Nazir Ahamed filed W.P(MD)No.11726 of 2020 for
nomination of an observer for holding an election for the executive
members and office bearers of Dr.Zakir Hussain College Society. The
writ petition was disposed of on 01.10.2020 with certain directions.
Pursuant to the directions, an election was conducted. But then, the
District Registrar, Sivagangai did not register the Form -7 submitted by
the Society. Hence, the college Society filed W.P(MD)No.7906 of 2021.
The writ petition was disposed of on 16.04.2021 in the following terms:
“4. A writ petition came to be filed in W.P.(MD).No.
11726 of 2020 with a prayer for conducting the elections
for the period from 2020 to 2023. This Court after hearing
the parties, disposed of the writ petition by an order dated
01.10.2020. The relevant portions in the order are
extracted hereunder:-
“9.The Returning Officer for the election will
give an application well in advance to the District
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Administration and the District Administration is
directed to permit assembling of the members of the
second respondent's Society for the purpose of
holding election.
10.The District Administration as well as the
local Body are entitled to issue appropriate advisory
and it will be the duty of all members of the Society
to strictly adhere to the norms stipulated by the
Administration.”
5. Pursuant to the above orders, the petitioner
Society convened a meeting of the Managing committee
and passed a resolution to conduct the election as directed
by this Court. The Election is said to have been conducted
on 27.12.2020 and the results were also declared on the
same day. The newly elected office bearers took charge and
on 28.12.2020, a meeting of the Managing Committee was
also convened and necessary resolutions were passed.
6. The petitioner Society, thereafter, through a
representation, dated 28.12.2020, forwarded the Form-VII
to the respondent, containing the details of the newly
elected office bearers for the period from 2020-2023. The
petitioner Society also paid the necessary charges on
30.12.2020.”
Even thereafter, the District Registrar, Sivagangai did not register the
Form -7 issued an order dated 09.06.2021 that unless the return for the
previous years are compiled with, the Form – 7 will not be registered.
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3.Challenging the same, Dr.Zakir Hussain College Society had
filed one more writ petition in W.P(MD)No.11899 of 2021. When the
matter came up on 15.07.2021, the learned single Judge passed the
following order:
“2. This Court has passed a detailed order in W.P.
(MD).No.7906 of 2021, dated 16.04.2021. Pursuant to the
same, the respondent was directed to register the Form-
VII with respect to the persons, who were elected in the
election conducted by Court appointed Commissioner. The
respondent instead of registering Form-VII has kept it
pending on the ground that the earlier Forms-VII
pertaining to the earlier years have not been properly
registered. The respondent shall act on the Form-VII that
has been submitted by the petitioner and comply with the
order passed by this Court and report on 23.07.2021. This
Court is not concerned about the inter se dispute with
regard to the election and the aggrieved persons will have
to work out their remedy in the manner known to law.”
The said direction was finally complied with. Recording the said
compliance and noting the registration of Form - 7, W.P(MD)No.11899
of 2021 was closed on 23.07.2021. The learned single Judge, however,
gave liberty to any person aggrieved by the registration of Form – 7 to
work out their remedy before the appropriate forum in the manner known
to law. This order is under challenge in this Writ Appeal by a third party.
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4.We are not inclined to entertain this writ appeal for more than
one reason. The subject matter pertains to the year 2022-23. We are now
in 2025. The matter has become infructuous. Secondly, any person
aggrieved by registration of Form – 7, in normal circumstances will have
to go only before the jurisdictional civil Court. In Writ proceedings one
cannot normally get remedy. No case is made out for interference.
5.This writ appeal stands dismissed. No costs. Consequently,
connected miscellaneous petition is closed.
[G.R.S., J.] [M.J.R., J.]
28.03.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
MGA
To
1.The Secretary,
Dr.Zakir Hussain College Society,
V.M.Jabarrullakhan,
Ilayankudi,
Sivagangai District.
2.The District Registrar cum
Registrar of Societies,
Sivagangai District,
Sivagangai – 630 702.
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G.R.SWAMINATHAN,J.
AND
M.JOTHIRAMAN, J.
MGA
28.03.2025
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