Madras High Court
Film And Television Producers' vs State Of Tamil Nadu on 15 November, 2021
W.P.No.7347 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.11.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No.7347 of 2019
Film and Television Producers'
Guild of South India,
rep. by its President,
Dr.S.P.Jaguar Thangam,
B1, Rams Flat,
New No.19 (Old No.5),
Jagadheeswaran Street,
T.Nagar, Chennai 600 017. ... Petitioner
vs.
1. State of Tamil Nadu,
rep. by the Secretary to Government,
Registration Department,
Government of Tamil Nadu,
Fort St. George,
Chennai 600 009.
2. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai 600 028.
3. The District Registrar (Admin)
Office of the District Registrar,
Chennai Central,
Royapettah, Chennai 600 014.
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W.P.No.7347 of 2019
4. The District Registrar (Admin),
Office of the District Registrar,
North Chennai, Kuralagam,
Chennai 600 104. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus, calling for
the records of the 3rd Respondent relating to the impugned Notice issued
under Section 44(3)(b) of the Tamil Nadu Societies Registration Act
published in Tamil Nadu Gazette Notification No.48, dated 28.11.2018 and
quash the same and consequently direct the 3rd and 4th Respondents to
refrain from taking any coercive action based on the Notification until the
General Body Meeting of the Petitioner Guild is conducted.
For Petitioner : M/s.R.Maheswari
For Respondents : Mr.U.Baranidharan,
Government Advocate
ORDER
Petitioner/Film and Television Producers' Guild of South India has
come up with this Writ Petition challenging the impugned Notice dated
25.10.2018 issued by the 3rd Respondent under Section 44(3)(b) of the
Tamil Nadu Societies Registration Act published in Tamil Nadu Gazette
Notification No.48, dated 28.11.2018 and for a consequential direction to
the 3rd and 4th Respondents to refrain from taking any coercive action based
on the Notification, until the General Body Meeting of their Guild is
conducted.
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W.P.No.7347 of 2019
2. According to the Petitioner, their Guild is duly registered under
the Tamil Nadu Societies Registration Act, 1975 in the books of the 3rd and
4th Respondents. The Petitioner herein had called for a General Body
Meeting on 06.08.2018 with the agenda for placing the accounts of their
Guild and to take forward the welfare measures for the benefit of the
members of their Guild. However, the General Body Meeting for the Guild
was not conducted due to the then pending Suit in C.S.No.338 of 2015 and
the misconduct of a few members, who were stalling the conduct of General
Body Meeting in one way or the other. However, some of the members
filed C.S.No.512 of 2018 inter alia praying for a permanent injunction
restraining the Petitioner from conducting Executive Committee meetings
and General Body Meetings. This Court granted an exparte interim order
on 01.08.2018 in O.A.Nos.707 to 709 of 2018 and Application No.5822 of
2018 in C.S.No.512 of 2018. Challenging the same, the Petitioner filed an
Appeal before this Court in O.S.A.No.371 of 2018. However, the Division
Bench directed not to conduct any meeting and not to operate the Bank
Account of the Petitioner Guild until further orders.
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W.P.No.7347 of 2019
3. In the meanwhile, the Petitioner received a Notice dated
25.10.2018 from the 3rd Respondent to submit the accounts for the financial
years 2013-14, 2014-15, 2015-16 and 2016-17 within a period of three
months, failing which, appropriate action will be taken under Section 44(3)
of the Act to strike out the name of the Petitioner Guild from the register.
The Petitioner had also sent a reply dated 31.12.2018 to the 3rd Respondent,
explaining that, the General Body Meeting of their Guild could not be
conducted as the matter was initially sub-judice in C.S.No.338 of 2015 and
later sub judice in O.S.A.No.371 of 2018 pending before this Court.
4. However, to their shock, the 4th Respondent sent a Notice dated
03.01.2019 to the Petitioner Guild, enclosing the Tamil Nadu Gazette
Publication of the Notice issued under Section 44(3)(b) of the Tamil Nadu
Societies Registration Act, for striking out the name of the Petitioner Guild
from the books of the Registrar of Societies, for non-submission of accounts
for more than three financial years. Hence, having no other alternative, the
Petitioner is before this Court.
5. Learned counsel for the Petitioner submitted that, during the
pendency of the Writ Petition, a Division Bench of this Court, by a
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W.P.No.7347 of 2019
judgment dated 16.12.2019 disposed of O.S.A.No.371 of 2018, by
appointing Hon'ble Mr. Justice D.Murugesan (Retired Chief Justice of Delhi
High Court) and Hon'ble Mr. Justice P.Shanmugam (Retired Judge, High
Court, Madras) as Observers, to observe the entire election process and to
ensure that, the election is conducted in a fair and free manner.
Subsequently, as Hon'ble Mr. Justice P.Shanmugam recused himself as an
Observer, election was not conducted, thereby, the Petitioner Guild did not
conduct General Body meeting and could not comply with the Notice issued
by the 3rd Respondent.
6. Learned Government Advocate appearing for the Respondents
submitted that, in view of the disposal of O.S.A.No.371 of 2018,
appropriate orders may be passed by this Court.
7. Heard the learned counsel on either side and perused the
material documents available on record.
8. It appears that, the 4th Respondent herein vide Letter
No.4576/E2/2018, dated 24.10.2019 has addressed to the Petitioner that, the
name of their Guild is not struck off from the books of the Registrar of
Societies. Admittedly, General Body Meeting was not convened as election
was not conducted. As one of the Observers (Hon'ble Mr. Justice
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W.P.No.7347 of 2019
P.Shanmugam) has recused himself as an Observer, a new Observer has to
be appointed by the Division Bench of this Court.
9. In view of the above, this Court holds that, until appointment
of a new Observer by the Division Bench of this Court and conduct of
election and General Body Meeting in the Petitioner Guild, the
communication dated 24.10.2019 of the 4th Respondent herein that, the
name of the Petitioner shall not be struck off from the books of the
Registrar of Societies, shall be in force. Thereafter, the Petitioner shall
submit the Accounts for the financial years 2013-14, 2014-15, 2015-16 and
2016-17 to the 3rd Respondent herein. Thereafter, it is open to the 3 rd
Respondent to proceed in accordance with law.
The Writ Petition is disposed of accordingly. No costs.
Consequently, connected W.M.P.Nos.8026 and 8027 of 2019 are closed.
15.11.2021
Index : Yes/No
Speaking Order : Yes/No
(aeb)
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W.P.No.7347 of 2019
To:
1. The Secretary to Government,
State of Tamil Nadu,
Registration Department,
Fort St. George,
Chennai 600 009.
2. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai 600 028.
3. The District Registrar (Admin)
Office of the District Registrar,
Chennai Central,
Royapettah, Chennai 600 014.
4. The District Registrar (Admin),
Office of the District Registrar,
North Chennai, Kuralagam,
Chennai 600 104.
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W.P.No.7347 of 2019
M.DHANDAPANI,J.
(aeb)
W.P.No.7347 of 2019
15.11.2021
https://www.mhc.tn.gov.in/judis
