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CDJ 2026 MHC 5485 print Preview print Next print
Court : Before the Madurai Bench of Madras High Court
Case No : W.P.(MD). No. 21733 of 2026
Judges: THE HONOURABLE MR. JUSTICE M. DHANDAPANI
Parties : L. Kesavan Versus The Deputy Inspector General of Registration, Madurai & Others
Appearing Advocates : For the Petitioner: M. Rajaraman, Advocate. For the Respondents: R1 & R2, R. Ramasamy, Counsel for State, R3, E.V.N. Siva, Advocate.
Date of Judgment : 30-07-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Tamil Nadu Societies Registration Act, 1975, Section 26(4)

2. Catch Words:
- Writ of Mandamus
- Independent Observer
- Advocate Commissioner
- Videography / video recording
- Fairness, transparency, free and fair conduct
- Representation
- Remuneration

3. Summary:
The petitioner, a member of Yadhavar Kalvi Nidhi Society, filed a writ petition under Article 226 seeking a mandamus directing the respondents to consider his representation requesting an independent observer for the Society’s General Body Meeting on 02‑08‑2026. He feared the meeting might not be conducted fairly and asked that the proceedings be video‑recorded. The third respondent consented to the appointment of an observer and suggested the petitioner bear the observer’s remuneration. After hearing both sides, the Court directed the second respondent to appoint an independent observer under Section 26(4) of the Tamil Nadu Societies Registration Act, 1975, and also appointed an Advocate Commissioner, Ms. S. Sangeetha, to supervise the meeting. The petitioner was ordered to pay Rs. 15,000 to the Advocate Commissioner, and the respondents were instructed to assist the observer and commissioner. The petition was disposed with these directions and no costs.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider and dispose of the petitioner's representation dated 22.07.2026, seeking the appointment of an independent Observer to supervise the general body meeting of Yadhavar Kalvi Nidhi scheduled to be held on 02.08.2026, at Govindarajan Complex, Yadava college, Thiruppalai, Madurai and further to ensure that the entire proceedings of the General Body Meeting are videographed/video recorded, in the interest of maintaining fairness, transparency and free conduct of the meeting, within a time frame as may be stipulated by this Court.)

1. This Writ Petition has been filed for the issuance of a Writ of Mandamus directing the first and second respondents to consider and dispose of the petitioner's representation dated 22.07.2026, seeking the appointment of an independent Observer to supervise the General Body Meeting of the third respondent Society, namely, Yadhavar Kalvi Nidhi, scheduled to be held on 02.08.2026 at Govindarajan Complex, Yadava College, Thiruppalai, Madurai, and further to ensure that the entire proceedings of the General Body Meeting are videographed/video recorded, in the interest of maintaining fairness, transparency and the free and fair conduct of the meeting, within a time frame as may be stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner, Mr. R. Ramasamy, learned counsel for State, who takes notice on behalf of respondent Nos1 and 2 and Mr. EVN. Siva, learned counsel, who takes notice for the third respondent.

3. By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself.

4. The learned counsel appearing for the petitioner would submit that the petitioner is a member of the third respondent Society, namely, Yadhavar Kalvi Nidhi. The General Body Meeting of the Society is scheduled to be held on 02.08.2026. According to the petitioner, there is a reasonable apprehension that the meeting may not be conducted in a fair, free and peaceful manner. Therefore, the petitioner submitted a representation dated 22.07.2026 requesting the authorities to appoint an independent Observer under Section 26(4) of the Tamil Nadu Societies Registration Act, 1975, to supervise the conduct of the General Body Meeting and to ensure that the entire proceedings are videographed/video recorded. Since no orders have been passed on the said representation, the present writ petition has been filed.

5. Per contra, the learned counsel appearing for the third respondent fairly submitted that the Society has no serious objection to the appointment of an independent Observer by this Court. He further submitted that the remuneration payable to the Advocate Commissioner may be borne by the petitioner.

6. Considering the submissions made by the learned counsel appearing on either side and taking into account the nature of the relief sought, this Court is of the view that, in order to ensure a free, fair and transparent conduct of the General Body Meeting scheduled to be held on 02.08.2026, the second respondent is directed to appoint an independent Observer in terms of Section 26(4) of the Tamil Nadu Societies Registration Act, 1975, on or before 01.08.2026 and it would also be appropriate to appoint an Advocate Commissioner to supervise the proceedings, along with an independent Observer appointed by the second respondent. Accordingly, this Court appoints Ms.S.Sangeetha, Advocate, Enrolment No. 5243/2025, No.192, Law Chambers, Madurai Bench of Madras High Court (Cell No. 8072736369), as the Advocate Commissioner.

7. The independent Observer and the Advocate Commissioner shall:

                (i) be present at the venue of the General Body Meeting scheduled to be held on 02.08.2026 at Govindarajan Complex, Yadava College, Thiruppalai, Madurai;

                (ii) supervise the conduct of the General Body Meeting and ensure that the proceedings are conducted in a fair, peaceful and orderly manner;

8. The petitioner shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the Advocate Commissioner towards her remuneration before the commencement of the General Body Meeting.

9. The first and second respondents shall extend all necessary assistance to the independent Observer and the Advocate Commissioner, to ensure the peaceful conduct of the General Body Meeting.

10. With the above directions, this Writ Petition stands disposed of. No costs.

 
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