The legal point established is that pending adjudication of membership status in a civil suit, the petitioners could not compel an enquiry under Sec. 36 of the Tamil Nadu Societies Registration Act, 1975.

The petitioners seek a Writ of Mandamus directing the first and second respondents to take action based on the representation made by the petitioners on 10. 2007 and appoint an appropriate authority to enquire into the affairs of the 4th respondent Society.

2. The 4th respondent is a registered Society with the Registrar of Societies with an object to provide irrigation facilities to the agriculturists in and around the Mohanur village in Namakkal Taluk. Based on the request of the 4th respondent Association, the Government had sunk bore wells in the Cauvery Basin and pumped water through pipes to the lands belonging to the members of the 4th respondent. There was dispute regarding membership of the Society, which arose in the year 2003 and the petitioners were not allowed to participate in the election, which was conducted in the year 2003. This was challenged by filing a Writ Petition in W.P.No.18035 of 2003 by the petitioners. It is seen that the above writ petition was allowed on 212. 2004. However, on appeal by the 4th respondent, the Division Bench has directed the petitioners to approach the Civil court, since civil dispute cannot be decided in the writ petition.

3. Pursuant to the direction of the Division Bench of this Court, the petitioner has filed O.S.No.216 of 2005 on the file of Sub Judge, Namakkal challenging the election conducted on 25. 2003 and the same is pending as on date. In the meantime, there was some dispute regarding supply of water by the 4th respondent and there was Peace Committee Meeting, which was conducted by respondents 2 and 3, in which, the 4th respondent had also participated. Based on the said decision taken on 8. 2005, the 4th respondent continues to supply water to the members of the 4th respondent and also to the petitioners.

4. The case of the 4th respondent is that the petitioners have ceased to be the members of the 4th respondent Society and whether they continue to be the member or not has to be decided by the Civil Court. The petitioner, having approached the Civil Court as per the direction of the Division Bench of this Court, cannot be stated to have any locus-standi to complain about the conduct of the 4th respondent in supplying water. In the representation given by the petitioners to the respondents 1 and 2 dated 10. 2007, the petitioners have raised some allegations against the 4th respondent in respect of collection of amount and therefore, in the public interest, they want an enquiry to be conducted against the conduct of the 4th respondent.

5. Mr.R. Karthikeyan, learned counsel for the petitioners submits that even though membership of the petitioners in the 4th respondent Society is in question, which is pending adjudication in the suit, inasmuch as admittedly the petitioners were also supplied water based on the arrangement entered in the Peace committee Meeting and the 4th respondent is in fact of receiving money, the petitioners have right to request the public authorities viz., the respondents 2 and 3 to inspect the affairs of the 4th respondent.

6. On the other hand, Mr.D.Krishnakumar, learned counsel appearing for the 4th respondent submits that in fact the petitioners want an enquiry to be conducted by the Registrar which is permissible only under Sec.36 of the Tamil Nadu Societies Registration Act, 1975. Sec.36 of the Tamil Nadu Societies Registration Act, 1975 reads as follows:

36. Power of Registrar to inquire into the affairs of registered Society:

(1) The Registrar may, of his own motion or on the application of a majority of the members of the committee of a registered society or on the application of not less than one-third of the members of that registered society, or, if so moved by the District Collector hold or direct some person authorised by the Registrar by order in writing in his behalf to hold, an inquiry, into the constitution, working and financial condition of that registered society".

(2)...

All the petitioners are not the member