ORDER :

Prayer in W.P. No. 33184 of 2022: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to stay all further proceedings in pursuance of the election notice dated 20.11.2022 by the 3rd and 4th respondents herein and not to conduct the election for selection of office bearers and executive committee of Thiruvarur Vijayapuram Chamber of Commerce a registered society under the Tamil Nadu Societies and Registration Act, 1975 on 13.12.2022.

Prayer in W.P. No. 34473 of 2022: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to conduct a proper enquiry with the submitted inspection reports by the District Registrars dated 01.09.2015 and 21.01.2016 and with the available and submitted records on the file of the 1st and 2nd respondents herein with regard to misfeasance and malfeasance committed by the present office bearers of the Thiruvarur Vijayapuram Chamber of Commerce, a registered society under the Tamil Nadu Socieitie Registration Act, 1975.

1. Both the writ petitions have been filed by the same petitioner A. Rajendran son of Arokiayasamy, primarily raising grievance against the manner in which the administration of Thiruvarur Vijayapuram Chamber of Commerce, a registered society under the Tamil Nadu Societies Registration Act, 1975 (the Act) was being conducted.

2. W.P. No. 33184 of 2022 has been filed in the nature of Mandamus seeking a direction against the 2nd respondent, the District Registrar, Registrar of Societies, Thiruvarur District to stay all further proceedings consequent to the election notice dated 20.11.2022 issued by the 3rd and 4th respondents namely, the President, C. Balamurugan of Thiruvarur Vijayapuram Chamber of Commerce and Arun Gandhi, the Election Officer/Member, Thiruvarur Vijayapuram Chamber of Commerce. The election was for the selection of office bearers and executive members of the society.

3. W.P. No. 34473 of 2022 has also been filed in the nature of Mandamus seeking a direction against the 1st and 2nd respondents namely, the Inspector General of Registration at Chennai and the District Registrar, Registrar of Societies at Thiruvarur, to conduct an enquiry with respect to the inspection reports of the District Registrar dated 01.09.2015 and 21.01.2016 with the records submitted and available with the 1st and 2nd respondents relating to the administration of the office bearers of Thiruvarur Vijayapuram Chamber of Commerce, Thiruvarur.

4. Since arguments in both the writ petitions overlapped and the grievances of the petitioner in both the writ petitions also overlapped, a common order is passed in both the writ petitions.

W.P. No. 33184 of 2022:

5. In the affidavit filed in support of W.P. No. 33184 of 2022, the writ petitioner, claiming to be a member of Thiruvarur Vijayapuram Chamber of Commerce stated that the office bearers had been elected in violation of the bye laws in the year 2015. The petitioner claims that he had given a representation relating to misappropriation of the funds of the society. He also stated that the 1st respondent namely, the Inspector General of Registration, had directed the 2nd respondent, the District Registrar, Registrar of Societies, Thiruvarur, to inspect the society. Inspections were conducted on 09.01.2015 and again on 21.01.2016. It was stated that inspite of the inspection report, wherein according to the petitioner, violations were found, no actions were taken against the office bearers.

6. In this connection, the petitioner had also earlier filed W.P. No. 35530 of 2015 seeking fresh elections to be conducted with the eligible members and to also conduct an enquiry relating to the misfeasance and malfeasance allegedly committed by the office bearers. A learned Single Judge o