LAWS(MAD)-2025-1-2

MATHEW JEBASINGH Vs. DISTRICT REGISTRAR (SOCIETIES)

Decided On January 17, 2025
Mathew Jebasingh Appellant
V/S
DISTRICT REGISTRAR (SOCIETIES) Respondents

JUDGEMENT

(1.) This writ petition has been filed for a Writ of Mandamus seeking to direct the first respondent to instruct the second respondent not to conduct extraordinary General Body Meeting as per the notice, dtd. 9/1/2025 based on the petitioner's representation, dtd. 11/1/2025.

(2.) Mr.P.Subbaraj, learned Special Government Pleader takes notice for the first respondent and Mr.Ragatheesh Kumar, learned counsel takes notice for the second respondent. With consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

(3.) It is the case of the petitioner that the petitioner is a Secretary of the Mukuperi Pragasapuram India Ega Retchagar Sabai registered in the year 1956. The second respondent is the President of the Society. The second respondent had issued a notice for extraordinary General Body Meeting on 9/1/2025 to be held on 19/1/2025 without following the procedure and rules. As per Sec. 28 of the Tamil Nadu Registration Act, after the receipt of the requisition in writing from the 25 members, the committee can call for extraordinary meeting, but the second respondent independently is calling for meeting even without issuing 21 days prior notice and without issuing notice to all the members. If the meeting is conducted, it will cause serious problems in the Society administration. The petitioner also submitted a representation, dtd. 11/1/2025 before the first respondent and the same is pending. Hence, this writ petition.