Madras High CourtWP/19375/2011dismissed

Dr.K.M.Shyamprasad, v. Union Of India,

2022-11-29Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 29.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P. No.19375 of 2011 and M.P. Nos.1 and 2 of 2011 Dr.K.M.Shyamprasad . . . Petitioner Vs 1.Union of India Ministry of Home Affairs Rep by the Secretary, Home Affairs Jaisalmer House, No.26 Mansingh Road New Delhi - 110 011 2.State of Tamil Nadu Rep. by the Secretary to the Dept of Registration Fort St. George, Chennai - 600 009 3.Inspector General of Registrations No.100, Santhome High Road Chennai - 600 028 4.The Registrar of Societies Central Chennai Chennai - 600 014 5.United Evangelical Lutheran Churches in India No.95, Purasawalkam High Road, Kilpauk Chennai - 600 010 Rep. by its Executive Secretary, Augustine Jeyakumar 6.United Evangelical Lutheran Church in India No.95, Purasawalkam High Road, Kilpauk Chennai - 600 010 Rep. by its Executive Secretary, Augustine Jeyakumar Page No:1/4

7.Reserve Bank of India Fort Glacis, Rajaji Salai Chennai - 600 001 . . . Respondents (R7 suo motu impleaded as per order Dt.6.9.2011 by NKKJ in W.P. No.19375/2011) PRAYER : Writ petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, for a direction to the respondents especially the 4th respondent to initiate appropriate legal action against the 5th respondent to cancel its registration, if any, under Sections 37 and 38 of the Tamil Nadu Societies Registration Act, 1975.

For Petitioners : Mr.K.F.Manavalan For Respondents : Mr.A.Kumaraguru, SCGPC for R1 Mr.K.Tippu Sulthan, Govt. Advocate for R2 to R4 Mr.T.K.Bhaskar for R5 & R6 Mr.C.Mohan for M/s.King & Patridge for R7

ORDER

This writ petition is for a direction to the respondents, especially the 4th respondent, to initiate appropriate legal action against the 5th respondent to cancel its registration, if any, under Sections 37 and 38 of the Tamil Nadu Societies Registration Act, 1975. Page No:2/4

2. It is now stated by the learned counsel appearing for the petitioner that the petitioner died on 25.03.2017 and no substitution petition was filed, since the relief sought is personal relief. Therefore, the question of substituting the legal heirs does not arise at all. The petitioner is also an expelled member of the society and there is no right to sue arose automatically. In such view of the matter, the writ petition is dismissed as abated. No costs. Consequently, the connected miscellaneous petitions are closed.

29.11.2022 Index : Yes / No Speaking/non speaking order Asr To 1.Union of India Ministry of Home Affairs Rep by the Secretary, Home Affairs Jaisalmer House, No.26 Mansingh Road New Delhi - 110 011 2.State of Tamil Nadu Rep. by the Secretary to the Dept of Registration Fort St. George, Chennai - 600 009 3.Inspector General of Registrations No.100, Santhome High Road Chennai - 600 028 4.The Registrar of Societies Central Chennai Chennai - 600 014 Page No:3/4

N. SATHISH KUMAR, J.

Asr 5.The Government Pleader High Court, Madras 29.11.2022 Page No:4/4