Shivaji Raja T. Bhosle vs The District Collector and The Director Thanjavur Maharaja Serfoji's, Babaji Raja Bhosle and The Thanjavur Maharaj Serfoji's Saraswathi Mahal Library Society Thanjavur

Vinod K. Sharma, J.—The Petitioner has approached this Court with a prayer for issuance of a writ, in the nature of Certiorari, to quash the

notice, dated 17.07.2007 issued to the second Respondent, for attending meeting of the third respondent.

The facts leading to the filing of the present Writ Petition are that the Thanjavur Maharaja Serfoji''s Sarasvati Mahal Library was started as a

Royal Palace Library during the Nayak Kingdom, and developed by the Metratha Kings of Thanajvur.

The King Serfoji - II, an eminent Scholar, took special steps for enriching the Library. After the death of Last Queen, the Library was dedicated

to the public as Public Library and its possession was taken over by the Government of Madras on 15th October 1918 under the Charitable

Endowment Act, and five members Committee was constituted under the Chairmanship of District Collector to Administer the Library.

The Administrative Committee constituted in the year 1918 was abolished, and a Society was formed and registered under the Tamil Nadu

Registration Societies Act 1975. The Society framed its Rules and Regulations and has own its Bye-laws and the constitution.

Though the prayer in the Writ Petition is prima facie become infructuous, as the challenge to the notice has been rendered infructuous by lapse of

time.

The Learned Counsel for the Petitioner rightly contended that the Management of the Society, is not being conducted in consonance with the

Bye-laws, and the Rules of the Society.

Once a Library of eminence has been converted into the public library for public use, to be run by a Society, it is the duty of the members, as

well as the Government to see that the functions are to be held in accordance with the Rules and Regulations, Constitution and Bye-laws of the

Society. The working of the Society shows that neither the constitution of the society is as per law nor the rules and Regulations for appointment of

staff are being followed. Though, the Petitioner should have approached the Registrar of Society u/s 34(A) of the Tamilnadu Societies Registration

Act 1975 for redressal of the grievances, to see that the society is run properly or in the alternative a Special Officer appointed, as interim

measure, but there are no allegation of mismanagement. Therefore, the Writ Petition is disposed of, by directing Respondent No. 1 to look into the

working of the Society under the Tamilnadu Societies Registration Act 1975 and refer the matter to the registration under the act to take necessary

steps to constitute the society strictly in terms of the Bye-laws of the Society and get the Officers appointed to the Society in accordance with the

Service Rules framed in force.

Such exercise be completed within a period of six months from the date of receipt of the certified copy of this order after calling for objections

from the interested parties.

Consequently, connected Miscellaneous Petition is closed. No costs.