A Writ of Mandamus cannot be issued for an inquiry under Section 36(1) of the Tamil Nadu Societies Registration Act, 1975 if the statutory threshold of one-third member representation is not met, nor can disputed questions of fact regarding misappropriation be adjudicated under Article 226.

ORDER

The writ petition has been filed seeking a direction to the 2nd respondent to take appropriate legal action against the present management Sangam, Namakkal bearing Reg No.59/1990 on merits and in accordance with law for the welfare and proper administration of the society.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader. Perused the materials available on record.

3. Learned counsel for the petitioner submitted that the petitioners, are life members of the 4th respondent Society, allege that the Society was renewed, renewed only on 26.10.2023 by suppressing the death of 45 members and by illegally inducting new members by collecting Rs.1,00,000/- against the bye-law subscription of Rs.100/-. The present management has misappropriated movable and immovable properties worth Rs.800 Crores. Representation dated 02.02.2026 to the second respondent yielded no action. Hence, the present writ petition.

4. Learned Special Government Pleader appearing for the respondents, on instructions, submitted that the 4th respondent Society as per the last updated Form VI has 160 members. The present complaint has been made by one 21 members. As per Section 36(1) of the Tamil Nadu Societies Registration Act, 1975, the Registrar shall, on the application of not less than one-third of the members of a registered society, hold an enquiry or cause an enquiry to be held into the constitution, working and financial condition of the society. Since the requirement of one-third i.e. 54 members, is not satisfied, the second respondent rightly closed the complaint. Further, an earlier writ petition in W.P.no.31339 of 2023 on the same cause of action was dismissed by this Court on 24.11.2023 on the ground of availability of alternative remedy under Section 44 of the Act.

Hence, the present writ petition is not maintainable.

5. This Court has carefully considered the rival submissions.

6. It is an admitted fact that the total membership of the 4th respondent society, as per official records, is 160. The present Writ Petition is filed by 21 members. Section 36(1) of the Tamil Nadu Societies Registration Act, is a statutory bar which mandates that the Registrar shall hold an enquiry only on the application of not less than one-third of the members. One-third of 160 works out of 54 members. The petitioners admittedly do not satisfy this statutory threshold.

7. Further, this Court had already dismissed W.P.No.31339 of 2023 filed by the petitioner on 24.11.2023, relegating the petitioner to avail the alternative remedy of filing a civil suit under Section 44 of the Act for disputes regarding the management and administration. The present writ petition, though projecting the renewal dated 26.10.2023 as a new fact, is essentially seeking the same relief of enquiry into mismanagement. The renewal of a society is an administrative act under Section 12. If the renewal is obtained by fraud, the remedy is to challenge the same before the Inspector General of Registration or by way of a civil suit. The petitioners cannot be permitted to bypass the statutory remedy by filing successive writ petitions.

8. The allegation of misappropriation of properties worth Rs.800 Crores is a serious one. However, such disputed question of fact involving siphoning of funds, verification of membership, and valuation of properties cannot be adjudicated in writ jurisdiction under Article 226. The appropriate remedy is to approach the Civil Court or initiate criminal action, if so advised.

9. In view of the specific statutory bar under Section 36(1) and the availability of an alternative efficacious remedy, this Court is not inclined to entertain this writ