G ATHIYAMAN Vs. DISTRICT REGISTRAR-CUM-SOCIETIES REGISTRAR

JUDGEMENT

(1.) W.P.Nos.20051 & 28544/2007: Petitioner seeks Writ of Mandamus to suspend the Proceedings of the 3rd Respondent in Proceedings No.63503/G2/06 dated 07.5.2007 ordering that the present office bearers can continue till the election of office bearers pending disposal of the appeal before the 4th Respondent.

(2.) CHALLENGING the impugned proceedings of the 1st Respondent in Na.Ka. No.1987/A1/06 dated 23.8.2007, granting approval for the appointment of Kannan as Secretary, W.P.No.28544/2007 has been filed.

(3.) BRIEF facts which led to the filing of both Writ Petitions are as follows:- (i) Petitioner is the Secretary of Vallalar Illam which is a registered society formed by father of the Petitioner in the year 1967 registered in the District Registrar's Office, Krishnagiri. The object of the Society is to educate the destitute children irrespective of caste, community, religion etc. and the Society is governed by bye-laws and regulations. (ii) Krishnagiri Registration District was bifurcated into two Registration Districts in 1982. While formation of District Registrar Office at Dharmapuri, the above said Society's records have been transferred to the new Registration District of Dharmapuri. The said Society was renewed upto the financial year 2002-2003 and has to be renewed subsequent financial year 2003-2004. (iii) At that stage, 2nd Respondent who is the member of the Society has submitted Form VII on 28.9.2004 stating that he is Secretary of the Society and insisted the administration to honour his Form VII and the renew the Society for the year 2003-2004. Whereas, another member of the Society has submitted application under Form VII stating that he is the Secretary of that Society and requested to renew the Society. (iv) District Registrar and the Registrar of the Society, Dharmapuri conducted an enquiry with Markatham, the President of the Society on 05.5.2006. Since the 4th Respondent is not a proper person of the Society, his Form VII was not honoured and approved by the District Registrar, Dharmapuri. (v) Writ Petitioner G. Athiyaman has also filed Form VII stating that Special General Body Meeting was held on 26.1.2005. Through that Meeting 2nd Respondent was dismissed from the Society and Athiyaman was elected as Secretary to the Society. District Registrar conducted an enquiry on 12.5.2006 with Krishnan who is the member of the Society who had stated that 21 days prior notice was not given. Hence, his Form VII filed by Athiyaman was also not honoured. (vi) Both 2nd Respondent and Athiyaman (Writ Petitioner) have preferred an appeal before 3rd Respondent. 3rd Respondent in its order No.63503/G2/06 dated 7.5.2007 set aside the order of 1st Respondent and directed the 2nd Respondent to continue in the post of Secretary of the Society which is challenged in W.P.No.20051/2007. (vii) In W.P.No.20051/2007, Court has granted status quo on 11.6.2007. Subsequent to the order of the Court, 1st Respondent has taken steps to appoint the 2nd Respondent as Secretary and passed orders on 12.6.2007. After the receipt of status quo order, DEEO has recalled its order dated 12.06.2007 and appointed the Petitioner as Secretary in its order dated 02.7.2007. While that being so, in its order dated 23.8.2007, DEEO has revoked the appointment of the Petitioner and appointed the 2nd Respondent Kannan as Secretary which is the subject matter of challenge in W.P.No.28544/2007.