Madras High Court
The Secretary vs Inspector General Of ... on 30 September, 2021
W.P.(MD)No.17634 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.09.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.17634 of 2021
and
WMP(MD).No.14512 of 2021
The Secretary,
Sadakathullah Appa Educational Society,
Rahmath Nagar,
Tirunelveli - 627 011.
Tirunelveli District. Petitioner
Vs.
1. Inspector General of Registration,
(Registration and Societies),
100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai, Tamil Nadu-600 028.
2. The District Registrar (Administration),
Palayamkottai - 627 002,
Tirunelveli District.
3. The Director of Collegiate Education,
College Road, Chennai - 600 006.
4. The Regional Joint Director of Collegiate
Education,
Tirunelveli Region, Tirunelveli - 627 008. ... Respondents
1/7
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W.P.(MD)No.17634 of 2021
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Cerrtiorarified Mandamus calling for the records
relating to the impugned proceedings issued by the second respondent
District Registrar in No.5943/Aa2/2021 dated 14.09.2021, quash the
same and further direct the second respondent District Registrar to
register forthwith the Form-VII submitted by the petitioner dated
07.09.2021 for the triennium 2021-2024.
For Petitioner : Mr.Isaac Mohanlal, Senior Counsel.
for M/s.Isaac Chambers.
For Respondents : Mr.P.Subbaraj,
Counsel for the State.
ORDER
The petitioner assails an order passed by the second respondent
dated 14.09.2021 by which the second respondent refused to take on file
the annual report for the year 2020-2021 and the Form-VII.
2. The petitioner states that it is a registered Society which owns
and administers a college called Sadakathullah Appa College. In relation
to the annual report for the year 2020-2021 as also the elections to the
Managing Committee, the petitioner submitted the relevant annual report
and Form-VII to the District Registrar for taking the same on file. The
petitioner states that such request was rejected by the impugned
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W.P.(MD)No.17634 of 2021
communication dated 14.09.2021.
3. The petitioner points out that the impugned communication cites
two reasons for refusal to take the above mentioned documents on
record. The first reason cited is the pendency of a civil suit, namely,
O.S.No.521 of 2018. On this issue, the petitioner points out that the
interim application in such civil suit was dismissed after contest.
Therefore, it is submitted that such civil suit cannot be the basis for
rejecting the documents. In addition, the petitioner points out that the
second reason cited in the impugned order is equally untenable. The
second reason is Circular No.7 of 2011 dated 27.07.2021. The petitioner
refers to and relies upon a judgment of this Court in Kallar Kalvi
Kazhagam Usilampatti, Madurai v. The District Registrar
(Administration), 2016 (2) CWC 759 and, in particular, paragraph 20
thereof. Upon such reference, the petitioner points out that circular No.7
of 2011 was considered by this Court and that this Court declined to act
on such circular in view of the fact that it contradicts and cannot override
specific provisions of the Tamil Nadu Societies Registration Act, 1975.
Therefore, the petitioner states that both the reasons cited in the
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W.P.(MD)No.17634 of 2021
impugned order are untenable. Consequently, it is stated that the
impugned order is liable to be quashed.
4. Mr.P.Subbaraj, learned counsel for the State, accepts notice on
behalf of all the respondents. He submits that the second respondent has
kept the documents pending in view of the pending civil suit.
5. The functions of the second respondent under the Tamil Nadu
Societies Registration Act are largely ministerial. As such, any
underlying disputes pertaining to the election of members of the relevant
Administrative Committee or officer bearers of the Society would be
subject to the outcome of any civil or other litigation between the private
parties concerned. Merely because a civil suit is pending in relation to
the elections or meetings of a Society, the relevant forms should not be
kept pending. Ultimately, the validity of such forms would abide by the
outcome of such litigation. It is a different matter if an order is passed by
a competent court by which the second respondent is prohibited from
taking on file the relevant documents and forms. In the case at hand,
admittedly, there is neither an order of Court prohibiting such forms from
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W.P.(MD)No.17634 of 2021
being taken on record nor is there any other legitimate reason not to take
such documents on record such as contravention of the provisions of the
Tamil Nadu Societies Registration Act or the rules framed thereunder.
6. For the reasons set out above, the impugned order dated
14.09.2021 is not sustainable. Consequently, the said order is quashed.
As a corollary, the matter is remitted for reconsideration by the second
respondent. The second respondent shall take into account the
observations set out in this order and take a reasoned decision with
regard to the relevant documents and forms within a period of thirty (30)
days from the date of receipt of a copy of this order.
7. Accordingly, W.P(MD).No.17634 of 2021 is allowed. There will
be no order as to costs. Consequently, connected WMP(MD).No.14512
of 2021 is closed.
30.09.2021
Index : No
Internet : Yes
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W.P.(MD)No.17634 of 2021
To
1. Inspector General of Registration,
(Registration and Societies),
100, Santhome High Road,
Mullima Nagar, Mandavelipakkam,
Raja Annamalai Puram,
Chennai, Tamil Nadu-600 028.
2. The District Registrar (Administration),
Palayamkottai - 627 002,
Tirunelveli District.
3. The Director of Collegiate Education,
College Road, Chennai - 600 006.
4. The Regional Joint Director of Collegiate
Education,
Tirunelveli Region, Tirunelveli - 627 008.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.17634 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
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W.P.(MD)No.17634 of 2021
30.09.2021
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