Oragadam Vattara v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.2075 of 2019 and W.M.P.No.2332 of 2019 Oragadam Vattara Vyabarigal Sangam, Represented by its President, C.Magesh S/o. V.Chinnakannu, No.112, Red Hills Road, Prakash Nagar, Oragadam, Ambattur, Chennai - 600053.

...Petitioner

Vs.

The District Registrar, (Administration), Office of the District Registrar, North Chennai, Kuralagam, Chennai - 600108.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned order of the respondent dated 29.11.2018 made in Letter No.10865/E/2017 and to quash the same. For Petitioner : Mr.L.Chandrakumar for Mr.C.Prabakaran For Respondent : Mr.P.P.Purushothaman Government Advocate

ORDER

The petitioner is aggrieved against the proceedings dated 29.11.2018 issued by the respondent, wherein and whereby, the respondent informed the petitioner that the action will be taken, under Section 44 3(b) of the Tamil Nadu Societies Registration Act, 1975 against the petitioner's association for non submission of accounts for several years.

2. It is submitted by the learned counsel for the petitioner that the petitioner's society is convening the meeting periodically and maintaining the accounts details and therefore, the respondent is not justified in initiating action against https://hcservices.ecourts.gov.in/hcservices/

petitioner under the above said provision especially, when the petitioner is ready and willing to furnish those details before the respondents within any time, as fixed by this Court.

3. The learned Government Advocate appearing for the respondent submitted that the impugned proceedings was issued only because the petitioner's association failed to produce the accounts and therefore, if they come forward to produce those details, the respondent will consider and take appropriate decision.

4. Considering the above stated facts and circumstances and the submissions made by the respective counsels, this writ petition is disposed of, only by directing the petitioner to produce the necessary audited accounts before the respondents with regard to the period for which it was not submitted, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such audited accounts, the respondent shall peruse the same and pass appropriate orders in accordance with law. Till an order is passed by the respondent, as directed supra, no coercive steps shall be taken against the petitioner's association.

5. With the above directions, this writ petition is disposed of accordingly.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sni To The District Registrar, (Administration), Office of the District Registrar, North Chennai, Kuralagam, Chennai - 600108.

+1cc to Mr.C.Prabakaran, Advocate,SR.No.36368 +1cc to Government Pleader, Sr.NO.36273 W.P.No.2075 of 2019 GJ(CO) MP(21/05/2019) https://hcservices.ecourts.gov.in/hcservices/