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J. Shankar v/s The Inspector General of Registration, Chennai & Another

    W.P(MD)Nos. 22916 & 22917 of 2022

    Decided On, 14 October 2022

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

    For the Petitioner: T.A. Punithan, Advocate. For the Respondents: S.R.A. Ramachandran, Advocate.



Judgment Text

(Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent regarding enlistment of the amendments in bye laws in Form No.7 and Rule 17(2) of the Society Registration Rules, based on the Petitioner's representation dated 10.8.2022.)

Common Order:

1. These Writ Petitions are filed by one and the same person seeking issuance of a directing the second respondent regarding enlistment of the amendments in bye-laws in Form No.7 and Rule 17(2) of the Society Registration Rules, based on the Petitioner's representation, dated 10.8.2022.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The case of the Petitioner is that the founder of the Petitioner educational society and orphanage Mr.T.K.Jayaraman has utilized all his properties and income for the smooth running of the same and thereafter grants by the Government was utilized for the benefit of the inmates.The founder of the above said organisations and his wife served for the poor till their life time.While so, the Petitioner, as the secretary of the society sent notice, dated 14.4.2022 to the erstwhile expelled members, as they were about to capture the administration of the above said organisations and those persons who were put on notice and were given reasonable opportunity on the Annual General Meeting to represent them. On 17.5.2022, those expelled persons came to the campus, however, refused to attend the Annual General Body Meeting and thereafter it was conducted and the bye law was amended and the resolution for the expulsion of those persons whose activities were detrimental to the interest of the society was approved by the majority of persons. Whileso, the expelled persons gave a complaint to the second respondent orally to defame the society. The above said orphahage and educational society is functioning for more than three decades without any accusation against them. The Petitioner has also submitted a letter to the second respondent about the amendments made to the bye laws and the copy of the resolution passed in the Annual General Body Meeting for enlistment in Form No.7 and Rule 17(2) of the Society Registration Rules on 20.5.2022. Subsequently on 28.6.2022 the Petitioner submitted a letter to the second respondent for the same purpose. Even after submitting the documents the Petitioner has not been informed about the status of the enlistment till date. Again on 7.6.2022, the Petitioner's counsel submitted a representation to the first respondent informing about the representation of the Petitioner to the second respondent for the above said purpose.The first respondent by letter, dated 27.7.2022 directed the second respondent to consider the representation of the Petitioner. Since the same was not considered, the Petitioner has filed these Writ Petitions one in respect of an orphanage and another in respect of the educational society, for the above said relief.

4. The learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions from Mr.C.Ananthakumar, Sub Registrar(Chits and Society), Thanjavur, submitted that objections were raised by the expelled members of the Society and Orphanage and further submitted that the Petitioner was called for an enquiry on 26.9.2022 at 11.00 a.m and the Petitioner has submitted his explanation and has produced the audit report alone and no other documents have been produced for perusal to enable the second respondent to pass appropriate orders, as there was a claim of misappropriation of funds by the Secretary.

5. The learned counsel for the Petitioner submitted that he has already produced xerox copies of all the relevant documents relied on by him and the same was not denied by the respondents.

6. In view of the same, the Petitioner is directed to produce the copies of relevant documents called for, to the second respondent regarding enlistment of the amendments in bye laws in Form No.7 and Rule 17(2) of the Society Registration Rules within a

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period of one week from the date of receipt of a copy of this order and on such production of documents, the second respondent is directed to consider the claim of the Petitioner based on his representation, dated 10.8.2022, on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of three weeks thereafter. 7. With these directions, these Writ Petitions stand disposed of. No costs.
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