V. Rajasekaran The District Collector, The Honorary President, Officer's Club, Coimbatore v. .
2011-03-15
T.RAJA
body2011
DigiLaw.ai
Judgment :- 1. The petitioner has filed the present writ petition challenging the impugned order passed by the 1st respondent in his proceedings O.C.No.7/2008, dated 05.07.2008, on the ground that the eligibility of the petitioner to be a member of the club has already been decided in the earlier suit itself and in that order also, the respondents are directed to treat the petitioner as a Life Member and not an Associate Member. The said issue cannot be adjudicated before this Court under Article 226 of the Constitution of India. 2. Whether the petitioner is a Life Member or not, is involving a question of fact that needs to be decided on the basis of evidence to be produced by both sides; therefore, the parties have to adjudicate before the Civil Court only. Further, it was brought to the notice of the Court that the petitioner, on earlier occasion, has rightly challenged the order of termination of Associate Membership by approaching the Principal District Judge, Coimbatore. Therefore, the petitioner has to go back only before the same Court for testing the correctness of the order passed by the District Collector, who is the Honorary President of the Officer's Club. 3. With the above observation, this Court, finding no merit in the writ petition, dismisses the same. No Costs. M.P.No.1 of 2008 is closed.