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TMI Blog2017 (6) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... ecide the matter in a manner known to law. As far as the appointment of Special Officer is concerned also the power is vested with the 1st respondent namely Registrar of Companies. The Writ Court is not the proper forum to agitate the issues involved in this writ petitions. The petitioner can work out his remedy before the competent court in a manner known to law. Writ petitions dismissed. - W.P.(MD)Nos.12850 and 15065 of 2013, M.P.(MD)Nos.2 and 1 of 2013, W.P.(MD)No.9602 of 2014, And M.P.(MD)Nos.1 and 2 of 2014 - - - Dated:- 6-3-2017 - MR. M.V.MURALIDARAN, J. For The Petitioners : Mr.S.R.Anbarasu For The Respondents : Mr.S.Chellapandian (for R2 and R6), Mr.S.Jeyasingh (for R1) CGSC, And Mr.G.Prabhu Rajadurai (for R3 and R5) COMMON ORDER W.P.No.15065 of 2013: The petitioner has filed this writ petition for the issuance of Writ of Mandamus by directing the 1st respondent to take action against the respondents 2, 3, 4, 5 and 6 for the illegal sale/ transaction of TDTA Land and Building in contravention to the TDTA Company Rules and Regulations. 2. W.P.No.9602 of 2014 The petitioner has filed this writ petition for the issuance of Writ of Mandamus by direc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of Association or any part thereof, any interest therein, for money or other valuable consideration, as they are absolute owners. 7.The further attack of the petitioner on the committee of management of TDTA is that the petitioner has brought to the notice of mis-management, misdeeds and incompetency of the TDTA management to the 1st respondent frequently. Since there was no action from the 1st respondent, the petitioner filed W.P.No.1185 of 2010 before this court to take action against the TDTA Company. Thereafter only, the affair of the TDTA Company was inspected by the Deputy Registrar of companies and it was found that there are thirty two violations in the functioning of the TDTA Company. Subsequently after issuing show cause notices, criminal case for Economic offences in E.O.No.11 to 14 of 2013 was filed by the 1st respondent against the 5th respondent and others before the Additional Chief Metropolitan Magistrate Court, Egmore, Chennai and the same is pending as on today. 8.The further case of the petitioner is that the TDTA Company is meant for the entire Tirunelveli District which includes the present Tuticorin District, since TDTA Company was registered much bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... months of its annual general meeting before which the comments given by the Comptroller and Auditor-General of India and the audit report is placed under the proviso to sub-section (6) of section 143; and (b) as soon as may be after such preparation, laid before both House of Parliament together with a copy of the audit report and comments upon or supplement to the audit report, made by the Comptroller and Auditor- General of India. (2) Where in addition to the Central Government, any State Government is also a member of a Government company, that State Government shall cause a copy of the annual report prepared under sub-section (1) to be laid before the House or both Houses of the State Legislature together with a copy of the audit report and the comments upon or supplement to the audit report referred to in sub-section (1). As on today the 2nd respondent TDTA Company was not bifurcated. But in violation of Articles of Associations of the 2nd respondent TDTA Company, They are conducting two separate elections, first for Tinnevelly Diocesan and another for Tuticorin Nazareth Diocesan. 9.The 2nd respondent TDTA company in W.P.Nos.12850 and 15065 of 2013 is having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document as may be required to be filed or delivered under this Act or the rules made thereunder, shall be filed in the electronic form and authenticated in such manner as may be prescribed; (b) such document, notice, any communication or intimation, as may be required to be served or delivered under this Act, in the electronic form and authenticated in such manner as may be prescribed; (c) such applications, balance sheet, prospectus, return, register, memorandum, articles, particulars of charges, or any other particulars or document and return filed under this Act or rules made thereunder shall be maintained by the Registrar in the electronic form and registered or authenticated, as the case may be, in such manner as may be prescribed; (d) such inspection of the memorandum, articles, register, index, balance sheet, return or any other particulars or document maintained in the electronic form, as is otherwise available for inspection under this Act or the rules made thereunder, may be made by any person through the electronic form in such manner as may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TDTA Company and others by the 1st respondent namely the Registrar of the Companies. 12.A perusal of records shows that already the Deputy Registrar of Companies has initiated action against the TDTA and its Directors by filing cases in E.O.C.C.No.157 to 179 of 2013 before the Additional Chief Metropolitan Magistrate, Egmore, Chennai. The grievance of the petitioner has already been looked into and the authorities have initiated proceedings against the TDTA company and others. 13.Apart from that this is not the forum to the petitioner for getting the relief sought for in this writ petitions. It is for the authorities to look into the complaint and to decide the matter in a manner known to law. As far as the appointment of Special Officer is concerned also the power is vested with the 1st respondent namely Registrar of Companies. The Writ Court is not the proper forum to agitate the issues involved in this writ petitions. The petitioner can work out his remedy before the competent court in a manner known to law. 14.In view of the forgoing reasons, I do not find any merits in this writ petitions and the same are liable to be dismissed. 15.Accordingly, all these writ peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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