The central legal point established is the requirement for a fair hearing and consideration of representations on merits and in accordance with law before appointing a Special Officer under Section 34-A of the Tamil Nadu Societies Registration Act, 1975.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to consider the representation of the petitioner dated 28.08.2021 and pass orders on merits and appoint a Special Officer to BHEL Piping Centre, T.Nagar, Employees Welfare Society whom is the 3rd respondent as per Section 34-A of Tamil Nadu Societies Registration Act, 1975.)

1. By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. Mr.S.J. Mohammed Sathik, learned Government Advocate accepts notice for the respondents 1 and 2.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to consider the petitioner's representation dated 28.08.2021 requesting for appointment of a Special Officer for the 3rd respondent Society under Section 34-A of the Tamil Nadu Societies Registration Act, 1975.

4. Heard Mr.M. Saravanakumar, learned counsel for the petitioner and Mr.S.J. Mohammed Sathik, learned Government Advocate for the respondents 1 and 2.

5. The petitioner is a Member of the 3rd respondent Society. According to the petitioner due to certain irregularities committed by the 4th to 10th respondents, who are the Office Bearers, a Special Officer under Section 34-A of the Tamil Nadu Societies Registration Act, 1975 has to be appointed for the 3rd respondent Society. The petitioner has given a representation on 28.08.2021 for the said purpose. Since his representation has not been considered, he has filed this writ petition.

6. Heard Mr.M.Saravanakumar, learned counsel for the petitioner and Mr.S.J. Mohammed Sathik, learned Government Advocate for the respondents 1 and 2. Since no adverse orders are going to be passed against the respondents 3 to 10, notice to them is dispensed with.

7. The learned Government Advocate appearing for the respondents 1 and 2, on instructions would submit that based on the petitioner's representation, the 2nd respondent is contemplating to hold an enquiry under Section 34 of the Tamil Nadu Societies Registration Act, 1975 and consider the appointment of a Special Officer for the 3rd respondent Society on merits and in accordance with law.

8. No prejudice would be caused to any of the parties, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the respondents 3 to 10.

9. The petitioner has filed documents along with this writ petition to substantiate his claim that the Office Bearers of the 3rd respondent Society have committed irregularities. It is for the 2nd respondent to consider the same on merits and in accordance with law.

10. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on the petitioner's representation dated 28.08.2021 seeking for appointment of the Special Officer for the 3rd respondent Society under Section 34-A of the Tamil Nadu Societies Registration Act, 1975, within a period of twelve weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner as well as for the respondents 3 to 10.

11. With the aforesaid directions, this writ petition is disposed of.