Madras High Court
Thangamurugeswari vs The Inspector General Of Registration on 19 February, 2025
Bench: J.Nisha Banu, S.Srimathy
W.A(MD)No.322 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.322 of 2025
Thangamurugeswari ... Appellant/Petitioner
vs.
1.The Inspector General of Registration,
Registration Department,
Government of Tamil Nadu,
100, Santhome High Road,
Chennai – 600 028.
2.The Deputy Inspector General of Registration,
Registration Department,
Government of Tamil Nadu,
Tirunelveli District.
3.The District Registrar of Societies,
O/o.District Registrar,
Registration Office Building,
Thoothukudi District.
4.R.Umayavel Arumuganathan
5.U.S.G.Perumal @ Parthiban
6.Gnanasambanthan ... Respondents/Respondents
1/6
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W.A(MD)No.322 of 2025
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 16.10.2024 made in W.P(MD)No.24267 of 2024.
For Appellant : Mr.R.Murali
For RR 1 to 3 : Mr.R.Suresh Kumar
Additional Government Pleader
JUDGMENT
(Judgment of the Court was delivered by J. NISHA BANU, J.)
The present Writ Appeal is directed against the order passed by the
Writ Court dated 16.10.2024 made in W.P(MD)No.24267 of 2024.
2.The appellant/writ petitioner filed the Writ Petition to consider her
representation, dated 06.05.2024 and to take action. The writ Court, by order
dated 16.10.2024, dismissed the Writ Petition on the ground that Section 77A of
the Registration Act is struck down.
3.The grievance of the appellant is that the representation made by
her is regarding Societies Registration and consequential forms under the Tamil
Nadu Societies Registration Act, which is no way connected with under Section
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77-A of the Registration Act and she has annexed the representation in the
typedset of papers at page No.68 and prayed for allowing the Writ Appeal.
4.The learned Additional Government Pleader appearing for the
respondents 1 to 3 fairly stated that the representation of the appellant dated
06.05.2024 will be considered, on merits and in accordance with law, after
affording due opportunity of hearing to all the parties concerned.
5.Heard the learned counsel appearing for the appellant and the
learned Additional Government Pleader appearing for the respondents 1 to 3.
6.Perusal of the records would reveal that the writ Court, while
passing the order, has misconstrued the fact that it is registration of document and
dismissed the Writ Petition by relying upon the Judgment of the Division Bench
of this Court in W.P.No.10921 of 2022 batch. Further, perusal of the
representation of the appellant, dated 06.05.2024, which is annexed in the typed
set of papers at page No.68, would reveal that the appellant has given
representation regarding Societies Registration and consequential forms under the
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Tamil Nadu Societies Registration Act.
7.In view of the above, the respondents 1 to 3 are directed to
consider the representation of the appellant, dated 06.05.2024 and pass
appropriate orders, on merits and in accordance with law, after providing
opportunity of hearing to all the parties concerned, within a period of eight weeks
from the date of receipt of a copy of this order.
8.Accordingly, the order passed by the Writ Court in
W.P(MD)No.24267 of 2024 dated 16.10.2024 is set aside and the Writ Appeal is
allowed. There shall be no as to costs.
[J.N.B.,J.] & [S.S.Y.,J.]
19.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
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To
1.The Inspector General of Registration,
Registration Department,
Government of Tamil Nadu,
100, Santhome High Road,
Chennai – 600 028.
2.The Deputy Inspector General of Registration,
Registration Department,
Government of Tamil Nadu,
Tirunelveli District.
3.The District Registrar of Societies,
O/o.District Registrar,
Registration Office Building,
Thoothukudi District.
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J.NISHA BANU, J.
and
S.SRIMATHY, J.
ps
ORDER MADE IN
DATED : 19.02.2025
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