LAWS(MAD)-2015-11-182

K. KALA Vs. DISTRICT REGISTRAR AND ORS.

Decided On November 18, 2015
K. Kala Appellant
V/S
District Registrar And Ors. Respondents

JUDGEMENT

(1.) Since the issue involved in all these Writ Petitions are one and the same, they are all taken up together and decided by a common order.

(2.) These Writ Petitions have been filed praying for a Writ of Mandamus directing the respondents to release the sale deeds executed by the petitioners pending in different numbers in respect of their different plot numbers referred in the prayer of each of the writ petitions, all situated at Anuppanady Village, Madurai.

(3.) The case of the petitioners is that they are the Members of Mela Anuppanadi Small Merchants Sangam, (for short 'the Sangam') registered under the Tamil Nadu Societies Registration Act bearing Registration No.23 of 1996. It is stated that one A.Mohanasundaram was elected as the President of the said Sangam, finally on 04.12.2010, and he held the said post since 2004. It is further averred that the said Mohanasundaram executed the sale deeds as in the capacity of the President of the said Sangam for each of the Writ Petitioners with the official respondents and the said sale deeds were not released even after registration. The further case of the petitioners is that the third respondent T.A.Mariappan (impleaded as one of the respondents vide M.P.(MD).No.2 of 2015 dated 18.09.2015) who was President till 2003 initiated legal proceedings as against the said Sangam. In view of the said legal proceedings, the second respondent has not released the documents in question. According to the petitioners, the said legal proceedings cannot be a bar for the official respondents to release the documents in question. Furthermore, the third respondent is not the present President of the said Sangam. At the maximum, the third respondent could be treated only as a Member of the said Sangam. Therefore, the official respondents cannot keep the document, under the guise of objections raised by the third respondent. In the abovesaid background, these Writ Petitions have been filed by the petitioners for the relief stated earlier.