(Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to conduct an enquiry against the private respondents and consequently restrain from passing resolution against petitioner during the General Body Meeting scheduled to be held on 16.08.2026 on the basis of petitioner's representations dated 05.08.2026 and 03.08.2026.)

1. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the first respondent and the learned Government Advocate (Crl. Side) appearing for the second and third respondents.

2. This Writ Petition has been filed for issuance of a Writ of Mandamus directing the first respondent to conduct an enquiry against the private respondents and consequently, restrain them from passing any resolution against the petitioner during the General Body Meeting scheduled to be held on 16.08.2026, based on the petitioner's representations dated 05.08.2026 and 03.08.2026.

3. It appears that the petitioner, who is a practising physician and was the President and Vice-President of the Gopinayakanpatti, M.Sengulam, Chinna Muthuramalingam Nadar Uravinmurai (hereinafter referred to as the “Sangam”), is at loggerheads with the management of the fourth to sixth respondents, who are the office-bearers of the said Sangam.

4. It appears that the petitioner has filed a suit in O.S. No.293 of 2026 before the Principal District Court, Madurai, for defamation. It is the case of the petitioner that the petitioner sent representations to the official respondents, namely, the first to third respondents, on 03.08.2026 and 05.08.2026 in connection with the meeting scheduled to be held on 16.08.2026 at 11.30 a.m. at Sri Mariamman G.Shanmugam Gnanagiri Mahal, Theppakulam, Madurai. It is submitted that the petitioner is aggrieved by Agenda No.3, which is intended to remove the petitioner permanently from the Sangam.

5. The learned counsel for the petitioner appears through video conferencing and submits that the proposed action of the private respondents would seriously affect the status of the petitioner among the members of the community, who are members of the said Sangam and that the proposed action would violate the petitioner's right to dignity.

6. The learned Government Advocate (Criminal Side) appearing for the second and third respondents submits that the petitioner was called for an enquiry in connection with the complaint given by the petitioner, however, the petitioner has not cooperated.

7. The learned Special Government Pleader appearing for the first respondent submits that the prayer for issuance of a Writ of Mandamus directing the official respondents to conduct an enquiry against the private respondents can, at best, be considered. However, there cannot certainly be any direction forbearing the conduct of the General Body Meeting proposed to be held on 16.08.2026 and any decision that may be taken therein can be the subject matter of an independent challenge in accordance with the provisions of the Tamil Nadu Societies Registration Act, 1975.

8. Having considered the submissions made by the learned counsel for the petitioner, the learned Special Government Pleader appearing for the first respondent and the learned Government Advocate (Criminal Side) appearing for the second and third respondents, I am of the view that a part of the prayer sought for by the petitioner can be granted insofar as the petitioner's request for an enquiry into any alleged misdeeds of the office-bearers of the said Sangam, ie., the private respondents herein, is concerned. The same may be considered by the first respondent in accordance with law, after due notice to the private respondents herein.

9. As far as the prayer to forbear the said Sangam from holding the General Body Meeting scheduled to be held on 16.08.2026 or from proceeding further with the proposal to remove/disenfranchise the petitioner from the membership of the Society is concerned, the petitioner ought to have approached the Civil Court, particularly when the petitioner has already filed a suit for defamation in O.S. No.293 of 2026 on the file of the Principal District Court, Madurai.

10. Even if an independent cause of action has arisen, nothing precluded the petitioner from filing a fresh suit seeking appropriate relief. The said Sangam is not a State within the meaning of Article 12 of the Constitution of India. Therefore, it is not amenable to the writ jurisdiction of this Court under Article 226 of the Constitution of India for the relief sought in this Writ Petition. Even if the petitioner is removed during the General Body Meeting to be held on 16.08.2026, the petitioner is not without a remedy. Therefore, this Writ Petition is liable to be dismissed to that extent.

11. Accordingly, this Writ Petition stands disposed of by directing the first respondent to consider the petitioner's representations dated 03.08.2026 and 05.08.2026 insofar as they relate to the alleged misdeeds/mismanagement in the affairs of the said Sangam. Needless to state, the same shall be subject to due compliance with the principles of natural justice, after affording an opportunity of hearing to the petitioner as well as the private respondents. It is also made clear that the second and third respondents shall independently consider the complaint given by the petitioner before them, in accordance with law. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.