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Madras High CourtWP/5064/2021disposed of

Tennis Cricket Association Of India (Regd) v. The Registrar

2021-03-04Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2021 C O R A M THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.5064 of 2021 Tennis Cricket Association of India (Regd) Affiliated to International Tennis Cricket Federation, Rep. by its General Secretary ... Petitioner Vs.

The Registrar, Office of the Registrar of Companies, Societies and Firms, No.7, Second Floor, Karuvadikuppam Main Road, Senthamarai Nagar, Muthialpet, Puducherry - 605 003.

... Respondent PRAYER: Petitions filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondent to issue renewal of registration under the Societies Registration Act, 1860 for out society namely Tennis Cricket Association of India (Regd.No.140/2016) within a time frame to be fixed by this Court based on the documents submitted by us on 24.09.2020.

For Petitioner :Mr.Sreedhar For Respondents 1 & 2 :Mr.S.S.Pajani Radja Senior Central Government Standing Counsel

ORDER

This writ petition has been filed for a mandamus seeking for a direction to the respondent to renew the registration of petitioner association under the Societies Registration Act, 1860 within a time frame to be fixed by this Court based on the documents submitted by the petitioner on 24.09.2020.

2.

Mr.S.S.Pajani Radja, learned standing counsel accepts notice for the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

3. The case of the petitioner is that they are an association registered under the Societies Registration Act, 1860 and the registration has been renewed periodically by the respondent. However according to the petitioner

after completing their election process, they had submitted the documents of general election held on 15.09.2020 along with necessary forms on 24.09.2020 with the respondent seeking for renewal of their registration. According to the petitioner, despite the receipt of the documents from the petitioner, the relevant entries in the register maintained by the respondent under the Tamil nadu Societies Act has not been done. The petitioner has also sent a reminder on 29.10.2020 which according to the petitioner was received by the respondent on 04.11.2020. According to the petitioner, despite the reminder, the respondent has failed to renew the petitioner association's registration. In such circumstances, this writ petition has been filed.

4. Heard Mr.Sreedhar, learned counsel for the petitioner and Mr.S.S.Pajani Radja, learned Standing Counsel for the respondent.

5. The relief sought for in this writ petition is an innocuous one. The petitioner claims that they are an association registered under the Societies Registration Act, 1860 and periodically it has been renewed. It is also the case of the petitioner that they had submitted the documents of general election held on 15.09.2020 for the term 2020-24 to the respondent on 24.09.2020 which was received by the respondent on 25.09.2020. A reminder was also sent on 29.10.2020 by the petitioner to the respondent which according to the petitioner was received by the respondent on 04.11.2020. According to the petitioner, despite the said reminder, renewal of certificate of registration has not been considered by the respondent. No prejudice will be caused to the respondent, if the petitioner's application dated 24.09.2020 seeking for renewal of registration under the Societies Registration Act, 1860 is considered on merits and in accordance with law within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the respondent to consider the petitioner's application dated 24.09.2020 wherein they had enclosed all the relevant documents/records seeking for renewal of registration under the Societies Registration Act, 1860 and pass final orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this Order.

7. With the aforesaid direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar

nl To The Registrar, Office of the Registrar of Companies, Societies and Firms, No.7, Second Floor, Karuvadikuppam Main Road, Senthamarai Nagar, Muthialpet, Puducherry - 605 003.

+1cc to Mr.R.Sreedhar, Advocate, S.R.No.13523 W.P.No.5064 of 2021 VSN II(CO) GN(24/03/2021)