RAMALINGAM Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THE petitioners seek a Writ of Mandamus directing the first and second respondents to take action based on the representation made by the petitioners on 10. 10. 2007 and appoint an appropriate authority to enquire into the affairs of the 4th respondent Society.

(2.) THE 4th respondent is a registered Society with the registrar of Societies with an object to provide irrigation facilities to the agriculturists in and around the Mohanur village in Namakkal Taluk. Based on the request of the 4th respondent Association, the Government had sunk bore wells in the Cauvery Basin and pumped water through pipes to the lands belonging to the members of the 4th respondent. There was dispute regarding membership of the Society, which arose in the year 2003 and the petitioners were not allowed to participate in the election, which was conducted in the year 2003. This was challenged by filing a Writ Petition in w. P. No. 18035 of 2003 by the petitioners. It is seen that the above writ petition was allowed on 23. 12. 2004. However, on appeal by the 4th respondent, the Division Bench has directed the petitioners to approach the Civil court, since civil dispute cannot be decided in the writ petition.

(3.) PURSUANT to the direction of the Division Bench of this Court, the petitioner has filed O. S. No. 216 of 2005 on the file of Sub Judge, Namakkal challenging the election conducted on 29. 5. 2003 and the same is pending as on date. In the meantime, there was some dispute regarding supply of water by the 4th respondent and there was Peace Committee meeting, which was conducted by respondents 2 and 3, in which, the 4th respondent had also participated. Based on the said decision taken on 8. 8. 2005, the 4th respondent continues to supply water to the members of the 4th respondent and also to the petitioners.