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2014 DIGILAW 2430 (MAD)

S. Perumal v. Inspector General of Registration

2014-08-06

S.NAGAMUTHU

body2014
Judgment : 1. The petitioner claims to be a member of Madurai, Dindigul and Theni Districts Vokkaligar (Kappu) Mahajana Sangam on the allegation that there are lot of mal-practices have been going on by the accused Committee members, which has been registered under the Tamil Nadu Societies Registration Act. The petitioner has come up with this writ petition seeking a direction to the respondents 1 to 2 herein to appoint a Special Officer to administer the day to day affairs of the Madurai Dindigul and Theni District Okkaligar (Kappu) Mahajana Sangam under Section 34 of Tamil Nadu Societies Registration Act, 1975 so as to protect the interest and valuable assets of the Sangam. 2. I have heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 & 2 and the learned counsel appearing for the third respondent and I have also perused the records carefully. 3. The learned counsel for the petitioner would submit that lot of irregularities are committed by the present members of the Committee and therefore, it is absolutely necessary to dissolve the Committee and to appoint a Special Officer to run the business of the Society. Therefore, according to him, a direction should be issued to the respondents 1 & 2. The first respondent in this case is the Inspector General of Registration. The second respondent is the District Registrar, (Registration), Palani. 4. The learned Special Government Pleader appearing for the respondents 1 & 2 would submit that in respect of these allegations, the second respondent conducted an enquiry and submitted a report to the first respondent. 5. When a specific question was asked to the learned counsel for the petitioner to explain as to whether the respondents 1 & 2 have got power to appoint a Special Officer in the place of the Committee, the learned counsel submitted that it could be done only under Section 34-A of the Tamil Nadu Societies Registration Act, 1975. 6. But a perusal of Section 34-A of the Tamil Nadu Societies Registration Act, 1975 shows that such power had been conferred upon only the Government and neither on the first respondent nor the second respondent. Thus, the respondents 1 & 2 have got no power to appoint a Special Officer at all in the place of the Committee. Therefore, the relief sought for in this writ petition cannot be granted. 7. Thus, the respondents 1 & 2 have got no power to appoint a Special Officer at all in the place of the Committee. Therefore, the relief sought for in this writ petition cannot be granted. 7. In view of the above, this writ petition deserves only to be dismissed. Accordingly, the same is dismissed. However, liberty is given to the petitioner to work out his remedy in the manner known to law. Consequently, connected M.P.(md).Nos.1 of 2011 and 1 of 2012 are also dismissed. No costs.