WP/34661/2018 of S.Venkatesalu Vs The Government of Tamil Nadu, on 28 December 2018

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28.12.2018CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHANW.P.No.34661 of 2018andW.M.P. No.40196 of 2018

S.VenkatesaluVs.1. The Government of Tamil Nadu, Represented by its Secretary, Personnel and Administrative Reforms Dept., Fort St. George, Chennai 600 009.2. The District Registrar (Societies), office of the District Registrar Pycrofts Road, Chennai 600 014.3. S.Madhuram, State President, Tamil Nadu Government Office Assistants and Basic Servants, State Central Association, (Regn.No.265/2007), having office at 30/182, Bells Road, Chepauk, Chennai – 5.

.. PetitionerVs.

4. S.Natarajan, State General Secretary, Tamil Nadu Government Office Assistants and Basic Servants, State Central Association, (Regn No.265/2007), having office at 30/182, Bells Road, Chepauk, Chennai – 5.5. M.Govindaraj, State Treasurer, Tamil Nadu Government Office Assistants and Basic Servants, State Central Association (Regn No.265/2007), having office at 30/182, Bells Road, Chepauk, Chennai – 5.

6. G.Rajendran, State Deputy General Secretary, Tamil Nadu Government, Office Assistants and Basic Servants, State Central Association (Regn No.265/2007), having office at 30/182, Bells Road, Chepauk, Chennai – 5... Respondents PRAYER: Writ Petition filed Under Article 226 of theConstitution of India praying to issue a Writ of Mandamusdirecting the 2[nd] respondent to forthwith take action on thecomplaint/representation dated 18.12.2018 given by thepetitioner as against the 3[rd] to 6[th] respondents before theycould sell away the properties of the association and expel thestate executive committee members.

For Petitioner : Mr.K.RajaFor Respondents: Mr.T.M.Pappiah, Special Government PleaderO R D E RThis Writ Petition is filed seeking to direct the 2[nd]respondenttoforthwithtakeactiononthecomplaint/representation dated 18.12.2018 given by thepetitioner as against the 3[rd] to 6[th] respondents before theycould sell away the properties of the association and expel thestate executive committee members.

2. With the consent of learned counsel for the petitionerand the learned Special Government Pleader, the writ petition isdisposed of, at the stage of admission itself.

3. The learned counsel for the petitioner would submit thatthe petitioner is an effective member in the respondentAssociation since 1993. The petitioner nominated for the postof State President in the election scheduled to be conducted on07.07.2018. The nomination of the petitioner was rejected andthe respondents 3 to 6 were elected. According to thepetitioner, the respondents 3 to 6 are not eligible to take partin the election and hence their selection is illegal. The tenureof the office bearers is 2018-2019 and 2019-2020. The newlyelected office bearers passed Resolution on 10.11.2018 statingthat all the properties in various districts of Tamil Nadu,hereafter should be handled only by them. According to thepetitioner, while the selection of the office bearers isdisputed, any resolutions passed by them are not valid,

https://hcservices.ecourts.gov.in/hcservices/

especially removing the executive committee members and dealingwith financial matters including the selling away the propertiesof the Association. Aggrieved by the same, the petitionersubmitted a complaint on 18.12.2018 to the 2[nd] respondent. Sinceno order has been passed on the representation, the present writpetition is filed seeking the aforesaid prayer. The petitionerhas also submitted a subsequent representation dated 24.12.2018.

4. Considering the limited scope of prayer and since noadverse remarks are passed, notice to the private respondentsare dispensed with. The learned counsel for the respondents 1and 2 are not aware of the representation dated 24.12.2018stated to have been sent by the petitioner.

5. In view of the above submissions, this Court directs the2[nd] respondent to conduct an enquiry on the representation dated18.12.2018 submitted by the petitioner, after giving dueopportunity of hearing to the respondents 3 to 6 and pass orderson merits and in accordance with law, as expeditiously aspossible, preferably within a period of eight weeks from thedate of receipt of a copy of this order.

6. The Writ Petition is disposed of, on the above terms.

Consequently, the connected Miscellaneous Petition is closed.No order as to costs.

Sd/-

Assistant Registrar

//True Copy//

avrTo

Sub Assistant Registrar