PASTOR JOHN PONNAIAH THE ELECTED SECRETARY MADRAS PENTECOSTAL ASSEMBLY PALLAVARAM Vs. ASSISTANT COMMISSIONER OF POLICE

JUDGEMENT

(1.) THE petitioner claiming to be the elected office bearer of the Madras Pentecostal Assembly, which is a registered Society under the Tamil Nadu Societies Registration Act has filed the present writ petition, seeking for a direction to the first respondent (Assistant Commissioner of Police, Chennai 14) to take action on the representation of the petitioner dated 14.10.2008 forthwith and pass appropriate orders. In his representation, the petitioner sought for handing over the Management of the Society, namely, the Madras Pentecostal Assembly, having its office at Thandavarayan Street, Royapettah, Chennai -14 to the elected committee of the Society by the fourth respondent.

(2.) NOTICE was ordered to the respondents. The fourth respondent has entered appearance and has also filed a counter affidavit dated 27.10.2009.

(3.) IT is stated by the petitioner that subsequent to the suit, elections were held for the said Society and that is not under challenge. But notwithstanding the fact that the fourth respondent has no right to keep in possession of all the records and the management of the Society and that he has been holding the properties of the Society illegally, had necessitated the petitioner to complain to the authorities including Registration Department. IT is further stated by the petitioner that the third respondent District Registrar of Societies by a proceedings dated 28.08.2007 held that the petitioner was the declared office bearer in terms of Form VII registered with the Registrar and therefore, all records and documents must be handed over to the Executive Committee selected by the general body on 18.08.2007. IT is also stated that the petitioner sent a representation to the first respondent dated 14.10.2008 claiming that the fourth respondent had locked the premises and not handed over the documents and the management of the Society and hence, they wanted sufficient police protection from being attacked by any anti-social elements set up by the fourth respondent.